State of Play Table 211

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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Government releases details on the apprenticeship levy

The importance of apprenticeships is recognised across the construction industry, with apprenticeships offering a cost effective labour source whilst helping to ensure a long term supply of skilled labour.

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Reports from the courts: July 2016

Our regular round up of court decisions comes from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP includes a case highlighting that mutual indemnity or exclusion clauses between equal parties are likely to be upheld; and an appeal against an arbitration decision relating to interest payment.

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List of defined terms needed

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his analysis of the RIBA Concise Building Contract 2014, warning that further explanation of terms used in relation to insurance is needed.

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Early warning and early resolution

A technology platform based early warning system for spotting potential disputes and resolving them before they have time to fester – science fiction? Martin Burns, Head of Alternative Dispute Resolution Research and Development at the Royal Institution of Chartered Surveyors and Edward Moore, Chief Executive of ResoLex, insist it is fact and will be available this year. 

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The new rules on tendering for concession contracts

Nick Pimlott and Alexandra Hackney of Fieldfisher examine new rules for tendering concession contracts that represent a regulatory sea change. The risk of legal challenges has risen, they warn.

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The CDM Regulations one year on

The industry has had a year to get to grips with the revised CDM Regulations. Jane Miles of Dentons reviews the key issues that have arisen over the year and suggests how they can be dealt with.

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What makes a process plant contract different?

Simon Colegate of Weightmans reviews what it is about process plant contracts that makes them different from construction contracts. Hybrids of the two create problems, as he explains.

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It’s not fair

Sean Brannigan QC and Claire Packman of 4 Pump Court analyse recent cases to ask if construction contracts can still be subject to the Unfair Contract Terms Act 1977. If even some of a party’s standard terms are incorporated, the answer could be yes.

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Professional indemnity – design and build option

Insurance expert John D Wright of JD Risk Associates explains the market for professional indemnity cover for design and build contracts. Contractors need additional clauses to ensure they are properly protected, he warns.

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