Editor’s comment
Backpedalling on procurement reform
Editor Nick Barrett warns that previous government commitments to public procurement reform are under threat of being diluted.
News
This month’s news roundup covers a possible policy reversal regarding emphasis on social value in public procurement, further warnings of project delays and insolvencies in light of the Ukraine crisis and and update on evidence heard by the Grenfell Tower Inquiry.
Legal terms explained
Xavier Milne of Herbert Smith Freehills LLP explains what is meant by Consequential Loss.
Guest editor
Challenging times for construction professionals and design and build contractors
Guest Editor Tom Pemberton of Lawrence Stephens Solicitors warns construction professionals and design and build contractors to take care both when negotiating their contracts and in managing their work to minimise the risk of claims for alleged breach of duty of care. The risks are increasing, he cautions.
Legislation state of play table
Our regular update of the progress of legislation and new regulations as it passes through the legislative process, prepared by Construction Law staff writers. News editor Steve Dale provides a commentary on a key issue.
Reports from the courts
Our regular review of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who examine a case that shows the Claimant-friendly approach being taken by the courts in relation to amendments to pleadings and limitation, especially in relation to cladding / fire safety claims; and one that acts as a further reminder of the risks of entering into oral contracts.
Analysis
Managing weather risk: an essential part of contracting playbooks
Weather is a key and increasingly significant element of risk for construction projects. Diarmuid Bairéad of Turner & Townsend argues that it is time for climate risk to be brought out of the cold and made an integral part of the contracting playbook.
CL guides
Professional appointments
In our latest Construction Law Guides series article from DLA Piper, Lina O’Gorman looks at professional appointments. Risk allocation varies between standard forms and between them and typical bespoke appointments.
Legislation
Scotland and England differering on building safety reform
Caroline Maciver and Lynda Ross of Burness Paull LLP explain the differing approaches to reform of building safety being taken by the Scottish and UK governments. The ‘broken system’ in England contrasts with the less radical reshaping of the system taking place in Scotland.
Frameworks
Collaborative contracting key to construction frameworks
Anne-Marie Friel and Samantha Conkling of Pinsent Masons LLP support Professor David Mosey’s report on Frameworks and its recommendations. They warn that there are poorly drafted frameworks that do little to promote the collaboration that the Gold Standard urges.
Litigation
Experts on Trial
Chris Bryden and Georgia Whiting, barristers at 4 King’s Bench Walk, examine case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles of how experts should behave, and are instructed.
Contracts
Change the Precedent, Change the World
Jane Hughes and Laura Lintott of Trowers & Hamlins LLP argue that ‘green thinking’ means future thinking. In this analysis of the green contract clauses that are emerging to support the climate change battle they advise on practical and legal issues facing those who want to ‘go green’.
Insurance
Long tail liability
Our insurance expert John D Wright of JD Risk Associates looks at the problems associated with the ‘long tail’ feature of liability insurance policies. Converting policies to a claims made basis would avoid the long tail liability problem but there are problems associated with such a change.
Alternative dispute resolution
Negotiated Dispute Resolution
Our latest Alternative Dispute Resolution (ADR) series article from Tracey Summerell of Dentons UK and Middle East LLP examines the reasons for now calling ADR Negotiated Dispute Resolution.