Collaboration helps Scottish construction weather Covid

A strengthened spirit of collaboration across the construction industry in Scotland was one of the positive features of a testing year highlighted in this review of 2020 from Shona Frame, Shona McCusker and Lisa Lennox of CMS. There were wide-ranging developments in the construction sphere in Scotland in 2020.

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Construction Playbook endorses FAC-1

Professor David Mosey, Centre of Construction Law, King’s College London, analyses the government’s new Construction Playbook that will govern public works contracting. Promoting collaborative procurement and long term contracts are among policies endorsed in a Compact with Industry.

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Insolvency landscape changed by legislation

Tim Barwick and Suzanne Brooker of BDB Pitmans draws a distinction between changes introduced by insolvency legislation in 2020 that are temporary in effect and those that are intended to be permanent. One of the permanent measures represents a significant restriction on the parties’ freedom to contract, he argues.

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Genoa – A Bridge Too Far?

Insurance expert John D Wright of JD Risk Associates considers the likely impact on insurance of the Morandi Bridge collapse which he says was a classic accident waiting to happen. Compensation payments have yet to be determined and the methodology for determining liability will be scrutinised by insurers everywhere.

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The witness’s truth – or a version of the truth?

Our latest Alternative Dispute Resolution series article comes from Tracey Summerell of Dentons UK and Middle East LLP who examines findings of a recent report on the accuracy of fact witness memory in arbitrations.

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New and proposed legislation: State of play table 256

This table, prepared by Dentons UK and Middle East LLP, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Legal terms explained: Collateral Warranty

What is a collateral warranty? In the context of construction law, a collateral warranty is a contract that is subsidiary to a main contract, such as a construction contract.

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Brace for rise in disputes, industry warned

Significant growth in the number of legal claims seen across the construction sector due to the impacts of Covid-19 on projects is expected to trigger a rise in formal disputes this year.

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Prompt Payment Code toughens up

Prompt Payment Code signatories will soon be obliged to pay invoices owed to small businesses within 30 days – half the time previously required – under a series of reforms designed to crack down on poor payment practices.

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