Reports from the courts: May 2020

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a dispute underlining that express dispute resolution clauses should be included in all contracts; and another that highlights the difference between a negligent act and a negligent failure to act.

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Construction Law Guide to: Force majeure, frustration and construction contracts

Ross Galbraith of DLA Piper provides the latest in our CL Guides series, with a topical look at how force majeure and frustration can impact on construction contracts.

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Avoiding project disasters and insolvencies – it’s your choice!

Charles O’Neil, author of Global Construction Success (2019), and highly experienced delivery leader Ian Williams, examine steps that clients and contractors can take in the early stages of projects to influence success, reviewing the current bidding and contracting processes, and making recommendations for change.

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Life after lockdown

David Cordery of Trowers & Hamlins LLP looks ahead to what the post lockdown construction world might look like. The long term impact of Covid-19 could be to hasten adoption of new technologies and ways of working, he suggests.

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Henderson principle revisited

Vijay Bange and Tanya Chadha of Duane Morris examine a recent court decision shedding light on whether parties have to bring all of their claims, or defences, at once. The case provides a test of the long established Henderson principle.

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Standard forms of contract: FIDIC vs NEC

Rebecca Shorter of White & Case LLP examines the approaches taken to contract management by the FIDIC and NEC contract suites. Recent editions show more sophisticated management of construction and engineering projects, and adoption of measures to increase their appeal as standard forms.

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The intention of the parties must prevail

Our expert insurance guide John D Wright of JD Risk Associates warns that following recent catastrophes insurers are demanding more detailed information before offering cover. Many types of cladding are coming under intense scrutiny post-Grenfell.

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Engage in settlement talks or pay the price

In the latest of our Alternative Dispute Resolution series Tracey Summerell and Sonia Vilar of Dentons UK and Middle East LLP consider a case stressing that even parties with a strong belief in their case must engage in settlement discussions, including ADR, or risks costs sanctions.

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Government response to the Construction Act consultation

The government has responded to the consultation into the 2011 amendments to the Housing Grants Construction and Regeneration Act 1996 (the Construction Act).

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New and proposed legislation: State of play table 249

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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