Reports from the courts: December 2012

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, including a case that will be of growing interest as insolvencies rise; and another that is a stark reminder to construction companies of the importance of conducting thorough due diligence on their suppliers and their tax arrangements.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Forensic approach lays bare Carillion scandal

Leading dispute resolution specialist Amanda Bucklow examines a book on the Carillion collapse, timely published as the Financial Conduct Authority accuses former directors of the company of acting recklessly and in a misleading way.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Construction Law Guide to: Good Faith

In our latest Construction Law Guides series Clare Rushton of DLA Piper examines what is meant by the concept of good faith. The views of the courts are still evolving, she explains.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

The contractual approach to BIM and Common Data Environments

The use of Building Information Modelling is becoming standard on projects and Common Data Environments (CDEs) are increasingly being used to promote more efficient information sharing. Kathryn Willis and Andrew Croft of Beale & Company Solicitors LLP urge caution in hosting CDEs.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

The prevention principle

Lucinda Hill and James Doe of Herbert Smith Freehills LLP consider what the ‘prevention principle’ is and how it has developed, exploring how, and to what extent the principle applies to both construction and shipbuilding contracts.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Poor Performance in Energy from Waste Plants

Cecily Davis of Fieldfisher looks at how contracts address the issues of time and quality following some high profile disputes in the energy from waste and data centre sectors.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Challenging times ahead for construction

Jonathan Douglas, Nick Pinder and Mariya Rankin of Eversheds Sutherland take a look ahead to the legal, political and economic factors likely to shape construction in 2021. Times will be challenging, they caution, but there will be areas of growth.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

High Court test case – not conclusive

Insurance expert John D Wright of JD Risk Associates analyses recent High Court decisions that clarify some legal issues of interest to those hoping for cover from the impact of Covid-19 on their ability to fulfil contracts. Some policyholders can take some comfort from the decisions, he says.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Increasing diversity in dispute resolution

In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP argues that increasing gender diversity could benefit all dispute resolution processes.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

New and proposed legislation: State of play table 255

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.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

+ More