Reports from the courts: August/September 2017

Our regular round up court cases of most interest to construction from Andrew Croft and Nadir Hasan of Beale & Company LLP includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured’s policy is not disclosable.

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New contract gets on the case

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over the JCT Repair and Maintenance Contract (Commercial) 2016. The contract warns that specialist insurance advice should be sought.

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Construction Law Guide to Price and payment

Clare Rushton reviews the main ways in which price and payment are dealt with in construction contracts in the latest of our Guides from DLA Piper.

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NEC4: A collaborative challenge to project management

Former NEC drafting panel adviser Tony Backler and Stephen Woodward of Resolex examine the newly launched NEC4 which aims to help bring construction procurement into the 21st Century. Alliancing and risk management are key themes of the new contract.

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Health and safety – the need to go above and beyond

High fines and prison sentences for health and safety breaches are becoming more common. Helen Bowdren and Gurbinder Grewal of Dentons consider the new challenges facing construction.

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Has the sun set on South Africa’s arbitration ambitions?

Kemi Adekoya and Michael Mendelblat of Herbert Smith Freehills LLP look at the new Arbitration Bill recently introduced to the South African Parliament that will apply to international arbitrations, which should increase its appeal as an arbitration venue.

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Getting your own back

Louis Zvesper of Hardwicke analyses a recent case that highlights the risk of over-payments not being returned to the out of pocket by the courts, and highlights some of the situations in which this can happen.

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Correct claims are crucial

  Insurance expert John D Wright of JD Risk Associates warns that correct procedure must be followed in making claims under insurance policies – but many claimants fail to even notify their insurer that a claim has arisen.

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Don’t slip on the ‘slip rule’

Our latest alternative dispute resolution series article, from Jamie Calvy of Clyde & Co, urges caution when using the slip rule if an adjudicator’s decision is to be challenged.

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Paper on planning for NSIPs

On 13 June 2017, the House of Commons Library published a briefing paper on Planning for Nationally Significant Infrastructure Projects (NSIPs). NSIPs are large scale developments (relating to energy, transport, water, or waste) which require ‘development consent’ under the Planning Act 2008, as amended by the Localism Act 2011.

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