Editor’s comment
BIM expertise in short supply?
Does your lawyer actually understand BIM? Editor Nick Barrett comments on a report that suggests not always.
News
Our regular round up of key construction law related news includes government action on payment practices; a £100 million damages award relating to a tunnel collapse; and publication of a second edition of the CIC’s BIM Protocol.
Legal terms explained
Claire Wilmann and Michael Mendelblat of Herbert Smith Freehills LLP explain fitness for purpose.
Guest editor
Decision threatens protection of privilege
Many construction parties involved in disputes instruct expert witnesses via lawyers, partly to attract the protection of privilege to confidential documents. Guest editor Vijay Bange of Trowers & Hamlins argues that a recent decision in a non-construction case might undermine that protection.
Legislation state of play table
Our regular round up of the progress of legislation affecting construction as it passes through the UK and EC legislative systems comes from Clyde & Co. Andrew Primett and Ross Howells comment on the overhaul of the National Planning Policy Framework.
Reports from the courts
In our review of cases of most interest to construction Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP look at a surprise ruling on adjudication; and a rare example of a TCC judgment on a Pre-Construction Services Agreement.
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.
CL guide
CL guide to: professional appointments
Our construction law guides series from DLA Piper continues with an article from Sarah Nunnery-Jones on professional appointments.
Adjudication
Courts giving mixed messages on smash and grab
Have ‘smash and grab’ adjudications been replaced by ‘true’ value adjudications? Elissa Patel and Michael Mendelblat of Herbert Smith Freehills LLP review the situation following a new TCC decision.
Smash and grab here to stay?
Vijay Bange and Oliver Williams of Trowers & Hamlins review the conclusions of their earlier article on smash and grab adjudications in the second of two articles on a key TCC decision in this issue of CL.
Dispute avoidance
Risk management boosts investor confidence
Anton Krause of ResoLex (South Africa) is bringing the RADAR dispute early warning system to the African markets. He explains how these techniques are increasing investor confidence in infrastructure.
Abitration
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.
Insurance
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.
Alternative dispute resolution
The use of expert determination
In our latest alternative dispute resolution series Lois Putnam of Clyde & Co provides a short guide to the use of expert determination.