Is NEC Option X.15 fit for purpose?

NEC reverses the normal burden of proof for defects, placing the onus on the contractor to prove that his design was not defective. Max Wieliczko and Katherine Doran of Holman Fenwick Willan LLP ask whether NEC’s ‘reasonable skill and care’ contractors' design option is really fit for purpose.

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Joint names clauses create own problems

Insurance expert John D Wright of JD Risk Associates reviews the development of joint names insurance clauses in construction contracts, noting that they have not prevented disputes reaching the courts. Who bears the risks in any given situation continues to be a question not always easily answered.

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Security and arbitral awards

In our latest alternative dispute resolution series article David Owens and Rebecca Evans of Clyde & Co LLP report on a Supreme Court ruling on a very long running dispute that provides clarity on aspects of the arbitration enforcement regime.

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New and proposed legislation: State of play table 219

This table, prepared by Clyde & Co, 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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The Spring Budget 2017

The Spring Budget 2017 was announced on 8 March 2017 and included a number of items relating to transport infrastructure:

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Legal terms explained: Performance bonds – on demand v conditional

Performance bonds are one of the most common types of security employers rely on to protect themselves from a contractor failing to perform its obligations, becoming insolvent, or both.

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Procurement off the rails

Construction of what is billed as the world’s most advanced passenger railway and the backbone of the UK’s rail network – the HS2 London to Birmingham line – already looks like being bedevilled by the same lack of attention to procurement processes as other large scale UK projects.    

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Fraudster to repay £2M over construction scam

A convicted fraudster from Lancashire who was part of a VAT repayment fraud involving fake construction companies has been ordered to pay back more than £2.2M.

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HS2 rethinks bidding procedures

Greater transparency will be required of companies bidding for future work on High Speed 2 following consultant CH2M’s withdrawal from a £170M contract amid conflict of interest allegations.

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Law firms and clients disconnected

Suggestions of a significant disconnect between law firms and their clients has been identified by a report that highlights a move away from larger firms by dissatisfied clients.

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