Reports from the courts: April 2019

Our latest round up of court cases of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP focus on one that highlights the importance of considering contracts in their entirety; and another affecting adjudication and insolvency.

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Copyright demands careful reading of text

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his analysis of the JCT’s Design and Build contract. Contractors are not obliged to search for discrepancies in design documents supplied to them, but must immediately give notice of any that are spotted.

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Construction Law Guide to: Concurrent delay

Naithan McBride and Joanna Logie of DLA Piper explain issues surrounding concurrent delay in the latest article in our series of guides to the fundamental principles of construction law.

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Safe as houses?

In the first instalment of a two part article Chris Bryden and Georgia Whiting, Barristers of Chambers of Timothy Raggatt QC, 4 King’s Bench Walk, analyse the legislative regime relating to fire safety. Is it fit for purpose in the modern age, they ask?

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Project bank accounts – can you bank on them?

Vijay Bange and Manpreet Kandola of Trowers & Hamlins LLP examine the impact that Project Bank Accounts (PBAs) can have on maintaining cash flow along the supply chain. Two contractors add comments on how they view PBAs

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This house believes adjudication is better than court

Anne Wright of Lawrence Stephens Solicitors and Kings College Construction Law Association reports from a debate at Kings College on whether adjudication was preferable to litigation for resolving disputes. The voting revealed a significant preference, but recognition that both had their place.

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Adjudication and insolvency

Claire Martin and Nick Pinder of Eversheds explain the implications of a recent appeal court ruling on whether adjudicators can have jurisdiction when an adjudication is commenced by an insolvent party.

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Brokers’ professional negligence

Insurance expert John D Wright of JD Risk Associates examines the case law and the complex issues involved in the all too common event of an insurance broker being negligent in advising clients. A key case might yet be appealed.

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No ‘right’ way to arbitrate

In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP examines the recent ICC construction industry arbitrations report, aimed at arbitrators with little experience of ICC rules.

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New and proposed legislation: State of play table 238

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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