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Construction arbitration a winner under new ICC rules

Raid Abu-Manneh, Rachael O’Grady and Juliana Castillo of Mayer Brown ask whether new ICC arbitration rules that came into force last year have increased speed, efficiency and transparency.

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Carillion highlights credit insurance

Carillion’s collapse has put the spotlight on credit insurance, which few of its creditors seem to have had. Insurance expert John D Wright of JD Risk Associates explains what cover the market provides.

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The use of expert determination

In out latest alternative dispute resolution series Lois Putnam of Clyde & Co provides a short guide to the use of expert determination.

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Contracts monitor: Keeping records is good practice

Our contracts monitor Michael Phipps, principal of Thurston Consultants, warns of changes in the JCT Tendering Practice Note that might easily be overlooked. He also warns about keeping proper records as in many disputes parties are unable to produce the contracts under which they work.

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Reports from the courts: May 2018

Our regular round up of cases of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a surprise ruling on adjudication; and a rare example of a TCC judgment on a Pre-Construction Services Agreement.

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New and proposed legislation: State of play table 229

This table, prepared by Clyde & Co, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Overhaul of National Planning Policy Framework

On 5 March 2018, the Prime Minister announced the revised draft of the National Planning Policy Framework (NPPF).

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Legal terms explained: Fitness for purpose

A fitness for purpose obligation imposes a higher duty than an obligation to exercise reasonable skill and care. It is an absolute obligation to achieve a specified result, a breach of which does not require proof of negligence.

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Game players need to be match fit

Reform is in the air against a background of government consultations and the Carillion collapse. Guest editor Cecily Davis of Fieldfisher warns that if the industry is to be ‘match-fit’ in the post Brexit world the government might take the opportunity to intervene on retentions.

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Construction Law Guide to: Striking a balance on liquidated damages

The latest article in our Guides series comes from Jennifer Price of DLA Piper who examines liquidated damages.

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