Dealing with inflation under NEC Secondary Option X1

Inflation is a problem for the industry and it is getting worse. Isobel Moorhouse and Jane Hughes of Trowers & Hamlins LLP examine how the NEC4 engineering and construction contract handles the need for price adjustments.

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The limits of limitation of liability clauses

Barristers Chris Bryden and Georgia Whiting of 4 King’s Bench Walk review recent case law affecting the use and limits of limitation clauses, which reaffirms that the courts are likely to take a strict approach to the construction of an exclusion or limitation clause, particularly where the right in question is a valuable one.

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Tiered Alternative Dispute Resolution Agreements

Vijay K. Bange of Duane Morris examines a recent Hong Kong court decision affecting tiered Alternative Dispute Resolution (ADR) provisions that considers if it is within the jurisdiction of the courts to decide if the parties to a contract have complied with the ratchet dispute resolution procedure.

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Insurers still challenging Covid claims

Insurance expert John D Wright of JD Risk Associates warns that although Covid remains a threat to businesses the insurance industry does not regard pandemics as being covered by non damage denial of access clauses. A Supreme Court ruling leaves some existing individual claims unresolved.

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ADR’s place in the Digital Justice System

Our latest alternative dispute resolution series article, from Tracey Summerell of Dentons UK and Middle East, analyses the role that might be played by ADR as the justice system digitalises.

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Combining efforts to face down inflationary pressures

Construction – like most sectors of the economy – is struggling at the moment with the impacts of steep inflation. Industry reports released in recent weeks have highlighted how the escalating costs of materials and energy may lead to project delays and cancellations, while the threat of insolvencies looms large.

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New and proposed legislation: State of play table 271

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: Subrogation

Subrogation refers to the process by which an insurer may step into the place of the insured, thereby obtaining the benefit of the insured’s rights and remedies.

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Disputes soar as poor information management plagues firms

Legal disputes have been experienced by more than three quarters of businesses in architecture, engineering and construction over the past 12 months, according to new research which found that poor information management is impacting on firms’ ability to defend themselves.

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Balfour Beatty faces court challenge over defective cladding

Balfour Beatty faces a legal claim for the costs of remediation to a residential development in Dorset, where rainscreen cladding defects are alleged, following a High Court ruling.

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