Reports from the courts: February 2017

Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focuses on two disputes over oral contracts; one with major implications for ‘smash and grab’ adjudications; and the other highlighting the importance of agreeing costs and the basis of their calculation at the start of any construction contract.

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Red type a warning of problems ahead

Contracts monitor Michael Phipps, Principal of Thurston Consultants, examines Contract Particulars of the JCT’s new Minor Works Building Contract. Don’t be lulled in to a false sense of security by the changes to this version, he warns, there are complications to come.

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Construction Law Guide to Joint Contracts Tribunal contracts

JCT contracts are organised according to procurement method, with different families of contract aligned to different procurement routes as Rachel Chaplin of DLA Piper explains.

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Review of adjudication cases in 2016

Lawrence Davies and Danielle Griffiths of Pinsent Masons review some of the key adjudication cases from 2016 and the impact they will have on practitioners.

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2016 – bonds and warranties featured in Scotland

Shona Frame and Frances Garratt of CMS review the year in Scotland. A number of significant legal and legislative developments included court decisions affecting performance bonds and collateral warranties, and legislative support was given to project bank accounts.

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Knock for knock in offshore construction contracts

Katherine Doran of Holman Fenwick Willan LLP cuts through the complexity of how ‘knock for knock’ provisions work in offshore construction contracts, giving a breakdown of a typical clause to show how the various elements fit together.

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Concurrent delay outlook uncertain

Aidan Steensma, Of Counsel at CMS, examines the implications for approaches to concurrent delay of a recent decision made in the Commercial Court. There is still no sign of agreement between construction specialists about which approach to favour.

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Risk management for architects and engineers

Management of risk cannot be ignored just because an insurance policy is in place, warns insurance expert John D Wright of JD Risk Associates, in this guide to how to approach proper risk management.

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Solvency doubts no reason for a stay

In our latest alternative dispute resolution series article Jamie Calvie of Clyde & Co analyses a recent decision where a contractor’s worries about a client’s ability to meet its final account obligations proved to be no justification for staying an adjudication award.

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The Pre-Action Protocol for Construction and Engineering Disputes

On 14 November 2016 the second edition of the Pre-Action Protocol for Construction and Engineering Disputes came into force (Protocol). The Protocol is designed to encourage parties to exchange information early in proceedings and consider alternative dispute resolution (ADR) by setting certain standards which the parties are expected to observe.

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