How to save money in disputes and/or arbitration

Guest Editor Iain Wishart draws on his long experience of managing major construction projects worldwide to advise how best to avoid disputes arising and ending up in lengthy arbitration.

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Reports from the courts

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focusing on on one that highlights the importance of defining design life requirements within contracts; and a Supreme Court ruling that means insolvency practitioners can use adjudication to pursue claims.

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New edition playbook sets new rules for the outsourcing game

The Cabinet Office has published a second edition of its Outsourcing Playbook, a key part of government’s response to the seemingly never ending procession of disasters that have bedevilled the UK procurement scene for many years. Nick Barrett highlights the key changes.

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Construction Law Guide to: Project Bank Accounts

The latest in our series of guides to key construction law topics comes from Ross Campbell of DLA Piper who examines Project Bank Accounts.

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Building Safety Bill ushers in new regulatory era

Rebecca Rees and Amanda Stubbs of Trowers & Hamlins analyse the draft Building Safety Bill, which calls for total regulatory reform of the regime for ‘higher risk’ buildings, and is now out for consultation. The draft should be studied carefully and preparations made now to prepare for the new legislative landscape.

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Article 35 applications under the ICC Rules

Vijay Bange and Tanya Chadha of Duane Morris report on an arbitration claim considered by the High Court which supported a tribunal’s decision to amend its original award. Successful challenges to awards made by arbitration under ICC rules are unlikely to succeed.

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Adjudications brought by insolvent companies – An exercise in (f)utility?

Clear evidence that the Supreme Court strongly supports alternative methods of dispute resolution, particularly adjudication, comes from a landmark decision in a case involving a company in liquidation, report Marion Smith QC, David Sawtell and Philippe Kuhn of 39 Essex Chambers. Some questions remain unanswered however.

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Decarbonisation demands collaboration

Dr. Roxana Vornicu and Dr. Paolo Ettore Giana of King’s College London Centre for Construction Law and Dispute Resolution argue that the industry’s drive towards decarbonisation can only succeed if collaboration is adopted along with digital technologies.

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The Reinsurance Market

Insurance expert John D Wright of JD Risk Associates explains the role of the reinsurance market in insuring construction risks. Reinsurance is especially important when the market faces catastrophic risk, like the Covid-19 pandemic.

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Talk before suspending for non payment

Our latest Alternative Dispute Resolution series article from Gurbinder Grewal of Dentons UK and Middle East LLP looks at the impact of the new Insolvency Act. Caution is urged before suspending work for non payment.

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