Editor’s comment
Shining light on arbitration
Editor Nick Barrett reports on calls for more appeals against arbitration awards to be allowed, and a good example of a decision from an appeal that is being hailed as a landmark.
News
Our regular news round up focusses on calls to reform ‘burdensome’ procurement processes; a KPI survey showing some positive results for client satisfaction; and a report calling for construction to modernise itself.
Legal terms explained
Eleanor Mountain of Pinsent Masons explains how head office overheads and loss of profit are viewed when projects overrun.
Guest editor
Restoring arbitration for the 21st Century
Guest editor Martin Burns, Head of ADR Research and Development at RICS, sees a renewed appetite for arbitration, as a middle ground between long drawn out litigation and high speed adjudication. An improved version of what went before won’t be enough to cope with modern demands so new ground must be broken, he argues.
Legislation state of play table
Clyde & Co LLP present our regular update on the progress of legislation affecting construction as it passes through the UK and EU legislative systems. Nathaniel Horrocks-Burns and Tim Saxon provide a commentary on the Construction Leadership Council’s Construction Supply Chain Payment Charter.
Reports from the courts
Our regular reports of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focuses on a decision highlighting that reservations about an expert’s jurisdiction must be raised at the outset of any dispute; and another highlighting that exclusions to agreements for extensions of time should be expressly set out.
Contracts monitor
Definitions list needed
Contracts monitor Michael Phipps, Principal of Thurston Consultants, highlights inconsistent use of terminology in RIBA’s Concise Building Contract 2014. Time may be wasted checking for this, he warns.
Legislation
Beware Brexit unknown unknowns
Ed Freeman of Clyde & Co looks at the implications of Brexit for construction law, of which several are important for the industry’s contracts. Amid the current uncertainty parties need to ask who will shoulder the risk of the unknown unknowns?
Adjudication
‘Smash and grab’ adjudications
David Arnott and Christopher Duff of Brodies LLP analyse the game-changing impact of Construction Act amendments on adjudication, detailing the options available to paying parties on the losing side of ‘smash and grab’ actions.
Design
Contractors’ design obligations
Jennifer Jones of Atkin Chambers examines a recent case affecting contractors’ design obligations that highlights tension between implied obligations and the conventional approach which looks purely at express design obligations contained within the contract.
Digital construction
Digital delivery – the legal implications
Digitising construction will demand a joined up legal, commercial and technical approach, say Andrew Croft and Adam Ifield of Beale & Company Solicitors LLP in this overview of the legal implications of new, digital ways of working. Responsibilities and roles are likely to change quickly, they warn.
Contracts
Anti-oral variation clauses
Vijay Bange of Trowers & Hamlins analyses the issues in a non-construction case that has implications for anti-oral variation clauses in construction contracts. There are practical benefits to be had from including these clauses in contracts, he concludes.
Insurance
Watch the finger on trigger points
Insurance expert John D Wright of JD Risk Associates examines the proximate cause principle as it applies to construction industry policies. Precise wordings in policies can be important, he cautions.
Alternative dispute resolution
Claiming costs in adjudication
Our latest alternative dispute resolution series article from Rupert Coldwell of Clyde & Co LLP reports on a case with key implications relating to payment of interest and costs in adjudication. The decision confirms that an adjudicator’s jurisdiction will extend to the award of any relief which is consequential upon or incidental to the adjudication.