Late payments scourge remains

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, ends his long running series of articles on construction contracts with a final look at the JCT Design and Build Contract 2016 edition. The text of the section on the always tricky issue of payments is difficult to follow, despite simplifications.

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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, focussing on a decision that serves as a reminder that where new evidence becomes available or where some part of the claim has been left undecided in an earlier adjudication, it may be possible to adjudicate again in relation to the same issue; and another that provides some clarification on liquidated damages.

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Construction Law Guide to: The Construction Act

In the latest of our series of Guides to key construction law topics Jessica Tierney of DLA Piper explains the regime introduced by the Construction Act and how it works in practice.

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How much later is ‘later’?

In this update of the law on ‘smash and grab’ adjudications Vijay Bange and Tanya Chadha of Trowers & Hamlins LLP report on a case that they say seems to have been decided on policy considerations rather than having any real legal or judicial basis. Smash and grab is still with us, they argue.

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Fracking case law and its relevance to construction

Barristers Chris Bryden and Georgia Whiting of the Chambers of Timothy Raggatt QC, 4 King’s Bench Walk, examine the implications for construction of recent case law surrounding ‘fracking’ to extract shale gas.

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Collaborate or die?

Collaboration is increasingly recognised as a key area where construction falls woefully short. Well known Independent Commercial Mediator Amanda Bucklow examines some of the mental and behavioural blocks to effective collaboration.

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A lack of principle

Christopher Edwards of 3PB Barristers examines the implications of an appeal court ruling that said the ‘prevention principle’ is not in fact a principle of law, but an implied term. Following this case perhaps nothing has changed – or perhaps everything has.

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Fire damage – tenants beware

Insurance expert John D Wright of JD Risk Associates examines the cover available for fire damage. Landlords as well as tenants should be cautious, he warns, and some case law does not set precedent for all situations.

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The shorter trials scheme

In the latest of our alternative dispute resolution series, Gurbinder Grewal and Tracey Summerell of Dentons UK and Middle East LLP highlight when it is appropriate to use the Shorter Trials Scheme and its sister process, the Flexible Trials Scheme, which are now entrenched as formal court processes in the Civil Procedure Rules.

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