Construction Law August/September 2017

Editor’s comment
New risk assessment attitude rings changes
Construction has responded positively to calls for a cross-industry response to the Grenfell Tower disaster. Editor Nick Barrett also sees growing support for calls to reintroduce a clerk of works type function as new attitudes to risk management take hold.

Our news round up focusses on new guidance from the TCC on public procurement related cases; new consultation on corporate manslaughter sentencing; and the rising level of health and safety fines.

Legal terms explained
Olivia Liang and Michael Mendelblat of Herbert Smith Freehills LLP explain what is meant by estoppel.

Guest editor
Consequential losses and exclusion clauses
Guest editor Jane Fender-Allison of CMS examines a change in the wind around consequential losses and exclusion clauses. She argues that a number of recent cases have opened the door to a more straightforward and commercial approach.

Legislation state of play table
Clyde & Co provide our regular round up of the progress of legislation as it makes its way through the UK and EC legislative systems. Alexander Ghandi and Emily Morris discuss the briefing paper on Planning for Nationally Significant Infrastructure Projects.

Reports from the courts
Our regular round up court cases of most interest to construction from Andrew Croft and Nadir Hasan of Beale & Company LLP includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured’s policy is not disclosable.

Contracts monitor
New contract gets on the case
Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over the JCT Repair and Maintenance Contract (Commercial) 2016. The contract warns that specialist insurance advice should be sought.

CL guides
CL Guide to: Price and payment
Clare Rushton reviews the main ways in which price and payment are dealt with in construction contracts in the latest of our Guides from DLA Piper.

NEC4: A collaborative challenge to project management
Former NEC drafting panel adviser Tony Backler and Stephen Woodward of Resolex examine the newly launched NEC4 which aims to help bring construction procurement into the 21st Century. Alliancing and risk management are key themes of the new contract.

Health and safety – the need to go above and beyond
High fines and prison sentences for health and safety breaches are becoming more common. Helen Bowdren and Gurbinder Grewal of Dentons consider the new challenges facing construction.

Has the sun set on South Africa’s arbitration ambitions?
Kemi Adekoya and Michael Mendelblat of Herbert Smith Freehills LLP look at the new Arbitration Bill recently introduced to the South African Parliament that will apply to international arbitrations, which should increase its appeal as an arbitration venue.

Getting your own back
Louis Zvesper of Hardwicke analyses a recent case that highlights the risk of over-payments not being returned to the out of pocket by the courts, and highlights some of the situations in which this can happen.

Correct claims are crucial
Insurance expert John D Wright of JD Risk Associates warns that correct procedure must be followed in making claims under insurance policies – but many claimants fail to even notify their insurer that a claim has arisen.

Alternative dispute resolution
Don’t slip on the ‘slip rule’
Our latest alternative dispute resolution series article, from Jamie Calvy of Clyde & Co LLP, urges caution when using the slip rule if an adjudicator’s decision is to be challenged.