Building Defects Insurance

Insurance expert John D Wright of JD Risk Associates examines building defects insurance which although not compulsory in the UK, offers peace of mind to policyholders. Recent case law confirms that the courts will take a firm line where defendants seek to avoid liability under guarantee policies intended to provide peace of mind to policyholders.

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Refusing to mediate – implications for costs in court actions

Sarah Alexander, Counsel at Dentons Middle East and Europe LLP, looks at recent cases shedding light on factors the courts might consider when determining costs where mediation was not attempted.

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Model insurance clause targets softer PII market

Procuring professional indemnity insurance has become one of the most pressing challenges for construction businesses in recent times, following a hardening of the market in the aftermath of the Grenfell Tower fire.

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New and proposed legislation: State of play table 273

This table, prepared by Barrett Byrd Associates, 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: Enforcing an adjudicator’s decision

The Technology and Construction Court (“TCC”) is the usual forum for enforcing an adjudicator’s decision. The TCC has stated that the usual enforcement mechanism involves issuing proceedings for the amount due and subsequently making an application for summary judgment.

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Sector reports increase in disputes

More than a quarter of firms have been involved in one or more disputes in the past 12 months according to a Construction Contracts & Law Report from the Royal Institute of British Architects.

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Call to avoid return of ‘race to the bottom’

Clients and contractors should learn lessons from the financial crash of 2008-2012 to avoid ushering in another ‘race to the bottom’ of overly competitive bidding as a new economic downturn takes hold, Arcadis has said.

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Injunction granted to block HS2 site protests

High Speed 2 has secured an injunction from the High Court to block protesters from disrupting work to deliver the railway across the length of its route from London to Crewe via Birmingham.

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News in Brief: October 2022

Martlet Homes has been awarded £10.8 million in damages and costs from contractor Mulalley & Co following a landmark ruling in July.

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Report reveals industry unprepared for growing pressures

Some interesting insights on the state of the industry and its contractual relationships emerge from the RIBA Construction Contracts and Law report (see News), the first since 2018. The value of the RIBA survey might be thought to be reduced by the fact that only 5% of the respondents are classified as being Tier 1 contractors; but they are a small part of the construction universe in terms of how many of them there are.

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