Editor’s comment
Coronavirus confusion reigns
To close or not to close sites in the face of a lethal, worldwide pandemic – it is a straightforward enough question that Editor Nick Barrett says governments should get their collaborative act together on and answer properly.
News
News this month includes a roundup of developments in the construction sector which respond to the coronavirus pandemic, as well as calls for more cohesive thinking on infrastructure following the Government’s Budget announcement.
Legal terms explained
Olivia Liang of Herbert Smith Freehills LLP explains Set-off.
Guest editor
Arbitrating African infrastructure projects
Guest Editor Kemi Wood of Herbert Smith Freehills LLP examines arbitrations arising from African infrastructure projects, where disputes are common. An English High Court case provides a reminder that even when seated in London international arbitration is not an absolute salve for the risks associated with Africa related arbitrations.
Legislation state of play table
Our regular round up of legislation affecting construction as it passes through the UK legislative process comes from Dentons UK and Middle East LLP. Helen Bowdren and Tessa Birch comment on the environment bill.
Reports from the courts
Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, who look at a dispute on a PFI project concerning delayed final payments; and one involving Crossrail subcontractors and sub-sub contractors highlighting the need for clarity in wording regarding title in goods.
Analysis
BIM, offsite manufacture and the future of the construction industry
Paolo Ettore Giana and Dr Roxana Vornicu, Research Associates at the King’s College London, Centre for Construction Law and Dispute Resolution, report from a London conference that heard modern methods of construction demand modern approaches to procurement and contracting.
CL guides
Limitation on liability
Claire Turnbull and Kristi Boyes of DLA Piper present the latest in our Guides series, on limitation on liability.
Force Majeure
Coronavirus and construction contracts
Melissa Laurie, Chris Dickson and Jane Fender-Allison of CMS explain the legal background to what happens in the event of Covid-19 causing disruption to the supply chain, scrutinising several key forms of force majeure provisions.
Time
Time bar provisions in standard form construction contracts
James Doe and Elissa Patel of Herbert Smith Freehills analyse the issue of time bar provisions in standard form contracts. Failure to familiarise themselves with the specific notification requirements of the contracts could be very costly for claiming parties, they warn.
Disputes
Truth is rarely pure, and never simple
In the second of two articles on the causes of what he has found to be the main causes of disputes quantity surveyor Iain Wishart focusses on the contribution of expert witnesses, a role he has himself played. An erosion of the independence of some experts has been noticeable, he says.
Bonds
Bonds coming under scrutiny
Cecily Davis of Fieldfisher says bonds will be scrutinised more closely than ever in the Covid-19 world and analyses the implications of a court case which is a useful reminder of the distinction between on demand and conditional bonds.
Insurance
Increased scrutiny by insurers
Our expert insurance guide John D Wright of JD Risk Associates warns that following recent catastrophes insurers are demanding more detailed information before offering cover. Many types of cladding are coming under intense scrutiny post-Grenfell.
Alternative dispute resolution
Resolving disputes with video
Coronavirus is spreading and widespread disruption seems inevitable, but embracing technology such as video conferencing (VC) might provide a solution for some involved in time sensitive alternative dispute resolution as Tracey Summerall of Dentons LLP explains.