NEC4: A collaborative challenge to project management

Former NEC drafting panel adviser Tony Backler and Stephen Woodward of Resolex examine the newly launched NEC4 which aims to help bring construction procurement into the 21st Century. Alliancing and risk management are key themes of the new contract.

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Has the sun set on South Africa’s arbitration ambitions?

Kemi Adekoya and Michael Mendelblat of Herbert Smith Freehills LLP look at the new Arbitration Bill recently introduced to the South African Parliament that will apply to international arbitrations, which should increase its appeal as an arbitration venue.

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Getting your own back

Louis Zvesper of Hardwicke analyses a recent case that highlights the risk of over-payments not being returned to the out of pocket by the courts, and highlights some of the situations in which this can happen.

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Correct claims are crucial

 

Insurance expert John D Wright of JD Risk Associates warns that correct procedure must be followed in making claims under insurance policies – but many claimants fail to even notify their insurer that a claim has arisen.

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Don’t slip on the ‘slip rule’

Our latest alternative dispute resolution series article, from Jamie Calvy of Clyde & Co, urges caution when using the slip rule if an adjudicator’s decision is to be challenged.

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Paper on planning for NSIPs

On 13 June 2017, the House of Commons Library published a briefing paper on Planning for Nationally Significant Infrastructure Projects (NSIPs). NSIPs are large scale developments (relating to energy, transport, water, or waste) which require ‘development consent’ under the Planning Act 2008, as amended by the Localism Act 2011.

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New and proposed legislation: State of play table 222

This table, prepared by Clyde & Co, 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: Estoppel

Simply put, estoppel is usually invoked as a defence in contractual disputes to prevent a party from denying the truth of a state of affairs which it has through its conduct encouraged or induced another party to believe.

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Procurement case guidance published

The Technology and Construction Court (TCC) has produced a new guidance note on public procurement cases which aims to encourage parties to settle disputes without having to issue proceedings.

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