Reports from the courts: March 2021

Our regular review of the most significant cases to come before the courts, from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, examines a dispute that provides a reminder of the importance of agreeing and complying with clear and unambiguous payment terms; and another that underlines the importance of clear contractual drafting setting out the basis of the price and the payment regime.

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Playbook signals greater scrutiny to combat suicide bidding

Development of ‘Should Cost Models’ by contracting authorities on all public sector construction projects, as required in the Construction Playbook, promises to help weed out unrealistically low bids. Steve Dale reports.

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Construction Law Guide to: JCT Contracts

In the latest instalment of our CL Guides series from DLA Piper, Rachel Chaplin examines JCT contracts, the most comprehensive suite of building contracts.

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The cladding challenge: Silent killer!

Vijay Bange and Tanya Chadha of Duane Morris review the post Grenfell impact on residential buildings that are considered to be unsafe. Remedial works will be more extensive than cladding replacements and who is to pay for what remains uncertain.

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Public procurement after Brexit – what can we expect?

Stuart Brown of Trowers & Hamlins examines some key proposals of the Government’s Green Paper on transforming public procurement. Frameworks could become more popular as a result of changes to how some commercial purchasing tools operate.

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Notices of Claim: the Devil is in the Detail

Chris Utton of HFW examines a recent judgment that should act as a warning to contractors to be familiar with the detail of the notice provisions in contracts. He warns that the content of the notice may be as important to the success of a claim as notifying the claim within time.

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Lawyers must promote ‘green’ drafting

Sustainability is increasingly promoted in project specifications as the world tackles climate change. Jane Hughes of Stevens & Bolton LLP argues that lawyers must go further, and have a moral duty to promote sustainability provisions in contract conditions.

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Simple Words – Hidden Problems

Our insurance expert John D Wright of JD Risk Associates warns about the dangers of assuming you know what a commonly used word actually means when deployed in a policy, reviewing relevant case law.

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Prevention is better than cure

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons UK and Middle East LLP warns of growing pressures likely to provoke disputes. ADR can help them from arising, she advises.

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New and proposed legislation: State of play table 257

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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