Reports from the courts: February 2019

Our regular review of the most important court decisions for construction from Andrew Croft and Ben Spannuth of Beale and Company Solicitors LLP focuses on a Court of Appeal ruling that highlights the potential problems of working before finalising contract terms; and a case that provides a rare example of a claim for procuring or inducing breach of contract.

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Watch out for new definitions

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, finds big changes in the definitions applying to JCT Design and Build Contract 2016. A long-standing provision, on which many a claim has foundered, is retained.

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Construction Law Guide to: Key ancillary agreements

Hannah Thomas of DLA Piper continues our series of guides to construction law topics with an examination of ancillary agreements. Four key types of ancillary agreements are examined.

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Reasons to be cheerful despite 2018 setbacks

In a year dominated by the potential unravelling of 40 years of EU legislation, 2018 brought much disappointment for construction, says Cecily Davis of Freshfields in this review of the key developments. For the future, it is time for the industry to deliver on the sustainability front, she argues.

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Scotland in 2018

Shona Frame and Nicholas Carroll of CMS review 2018 with a focus on Scotland, where the impact of Carillion’s collapse kicked off a year of significant case law, government consultations and legislative developments. Earlier strengthening of Scottish building regulations meant few buildings were affected by a post Grenfell disaster focus on cladding.

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Plus ça change – why amending published construction contracts is good practice

A common industry view is that standard form contracts are best used unamended. Peter Kitson of Russell-Cooke takes issue with that idea and insists that amending contracts in fact represents well established good practice.

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Insuring today’s environment

Insurance expert John D Wright of JD Risk Associates inspects the cover available for environmental damage. Mainstream insurers provide very limited cover so a specialist insurance market must be tapped.

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Pressure to use airspace builds up

Anne Wright and Avi Barr of Lawrence Stephens Solicitors analyse some of the issues related to the growing trend towards airspace development for both private and public sector clients. Its impact on housing provision could be significant but there are potential legal and planning issues to overcome, they warn.

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Fate of smash and grab adjudications decided

The latest in our alternative dispute resolution series, from Chris Leadbetter and Emily Morris of Clyde & Co LLP, examines a recent Court of Appeal decision that spells the end for ‘smash and grab’ adjudications.

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New and proposed legislation: State of play table 236

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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