Adjudications brought by insolvent companies – An exercise in (f)utility?

Clear evidence that the Supreme Court strongly supports alternative methods of dispute resolution, particularly adjudication, comes from a landmark decision in a case involving a company in liquidation, report Marion Smith QC, David Sawtell and Philippe Kuhn of 39 Essex Chambers. Some questions remain unanswered however.

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Decarbonisation demands collaboration

Dr. Roxana Vornicu and Dr. Paolo Ettore Giana of King’s College London Centre for Construction Law and Dispute Resolution argue that the industry’s drive towards decarbonisation can only succeed if collaboration is adopted along with digital technologies.

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The Reinsurance Market

Insurance expert John D Wright of JD Risk Associates explains the role of the reinsurance market in insuring construction risks. Reinsurance is especially important when the market faces catastrophic risk, like the Covid-19 pandemic.

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Talk before suspending for non payment

Our latest Alternative Dispute Resolution series article from Gurbinder Grewal of Dentons UK and Middle East LLP looks at the impact of the new Insolvency Act. Caution is urged before suspending work for non payment.

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Draft Building Safety Bill published

The Draft Building Safety Bill was published on 20 July 2020 following the Independent Review of Building Regulation and Fire Safety led by Dame Judith Hackitt in 2018 and the government’s Building a safer Future consultation earlier this year. The bill’s aim is to reform the building and fire safety system.

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New and proposed legislation: State of play table 253

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 expained – Quantum meruit

Quantum meruit is a Latin term translating to “what one has earned”. Quantum meruit enables claimants to recover payment of a reasonable sum for work they have performed, in circumstances where there is no specific remuneration for the work in a contract.

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Updated arbitration rules take effect

New arbitration and mediation rules adopted by the London Court of International Arbitration took effect on 1 October and have been welcomed by lawyers. Updates to the LCIA Arbitration Rules and LCIA Mediation Rules aim to streamline arbitral and mediation processes and make them clearer arbitrators, mediators and parties.

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Firms warned over stricter Covid obligations

Construction firms will need to place stricter focus on measures to prevent coronavirus transmission on sites, with current ‘Covid-secure’ guidance now set to become a legal obligation, lawyers and safety specialists have warned.

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Open book contracts reduce pandemic disputes risk

Future construction contracts should use ‘open book’ processes rather than setting a fixed price to help avoid arguments over delays and cost increases caused by any further Covid-19 or pandemic events, new guidance urges.

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