Force Majeure and causation – new guidance from the English courts

Emma Schaafsma and Emily Blanshard of Herbert Smith Freehills LLP analyse recent case law with implications for force majeure and consider its possible impact on construction contracts. Careful drafting will be needed to avoid ambiguity in force majeure clauses.

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PI notification issues persist

Insurance expert John D Wright of JD Risk Associates reviews recent case law associated with Professional Indemnity cover for construction professionals.

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Cooperation promotes mediation

In our latest ADR series article Roger Levitt follows up one on emotional intelligence in the previous issue of CL, sharing some of the processes he uses to encourage parties to prepare for mediation using EQ.

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Still looking for a 2020 resolution? Support the industry’s mental health campaigns

We highlight here a recurring theme of the last year or so – mental health in the workplace. Recent national campaigns run by Construction News and Building have helped to raise awareness of the issues and to break down the stigma that prevents many sufferers from seeking support.

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Grenfell Inquiry counsel supports immunity pleas

The legal counsel to the ongoing Grenfell Tower Inquiry has recommended that its chair asks the Attorney General to give key corporate witnesses immunity from having their evidence used against them in any prosecution.

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Fraudulent Bristol builders sentenced to prison

Two builders have been sentenced to 14 months in prison for fraudulent trading after providing false business information to clients, taking large payments upfront and leaving work unfinished.

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Civils contractors report spiralling prices for PI cover

Cost of professional indemnity (PI) insurance has risen sharply for civil engineering contractors in recent months, presenting a major challenge for the industry in 2020, new research says.

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New and proposed legislation: State of play table 246

This table, prepared by Dentons UK and Middle East LLP, 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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Legal terms explained – Cost reimbursable contracts

A cost reimbursable contract is one in which the Contractor is reimbursed the actual costs incurred in carrying out works, plus a fee to cover their overheads and profit. It is also known as a cost plus contract.

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Risks underestimated on High Speed 2

Government underestimated the complexity of High Speed 2 and failed to openly recognise the programme’s risks from the outset, leaving it behind schedule and over budget, an audit of the scheme’s progress has said.

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