New laws force contract changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the JCT Design and Build Contract which has been popular since its 1981 introduction. Although flexible, it is not suitable where the Contractor is only to provide a design for part of the works, he warns.

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Construction Law Guide to: CDM Regulations

In our latest Guide to construction law topics from DLA Piper, Rachel Chaplin explains how the regulatory regime of the CDM Regulations works.

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The FIDIC Silver Book: just a starting point

Cecily Davis of Fieldfisher analyses the 2017 FIDIC Silver Book, the most used contract internationally for major infrastructure projects, asking whether the strong recommendation that its risk/reward balance between parties should not be changed is being observed. 

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Making a contract – does it do what it says on the tin?

Kwadwo Sarkodie of Mayer Brown International warns that knowing the devil is in the small print is no help if the contract is signed without being read at all. Also be careful that the contract covers what you think it does, he warns.

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Can a company in liquidation go to adjudication?

Vijay Bange and Manpreet Kandola of Trowers & Hamlins see a resurgence in adjudication in the face of the rising costs of litigation and arbitration, against a background of growing insolvency worries. Can companies in liquidation use adjudication to pursue claims, they ask?

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Appeal court upholds privilege

Gurbinder Grewal and Natalia Fludra of Dentons UK and Middle East LLP examine the implications of a recent appeal court ruling that clarifies the scope of legal professional privilege.

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Design clauses – draft with care

Insurance expert John D Wright of JD Risk Associates warns that care needs to be taken with drafting design clauses in insurance contracts. Insurers themselves have fallen victim to sloppy policy drafting.

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Adjudication and set-off

In our latest alternative dispute resolution series article Emily Morris of Clyde & Co LLP examines a recent decision that highlights the approach the courts will take to set-off in adjudications.

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New and proposed legislation: State of play table 234

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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Health and safety fines on the rise

Companies and organisations in the construction sector paid almost £19m in total fines last year following prosecutions brought by the Health and Safety Executive, new statistics reveal.

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