Retentions reform coming at last?

Jonathan Hyndman, Partner at Rosling King, discusses the need for reform as demonstrated by the impact of Carillion’s insolvency earlier this year.

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Construction Law Guide to: Termination

Our Guides to Construction Law series from Clare Rushton of DLA Piper looks at termination.

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Alternatives emerge to BIM Protocol

Professor David Mosey, Director of the Centre of Construction Law and Dispute Resolution at King’s College London, reviews the recently updated Construction Industry Council BIM Protocol, suggesting that FAC-1 may provide a viable, more accessible alternative.

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In support of sub-contractors

Anne Wright of Lawrence Stephens Solicitors says there are several vital steps that sub-contractors should take to protect themselves against main contractor insolvency. Ask if the main contract requires a retention before agreeing to one, she advises.

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Focus intensifies on payment issues

Shona Frame of CMS Cameron McKenna Nabarro Olswang LLP reviews the current government and industry initiatives relating to improving the industry’s payment practices. She also looks at recent case law that will impact on this always vexed issue.

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Smash and grab adjudications – redressing the balance

Gurbinder Grewal and Tracey Summerell of Dentons review Coulson J’s final TCC decision in Grove – the latest instalment in the ‘smash and grab’ adjudications saga. Leave to appeal has been granted and further developments can be expected on this issue, they warn.

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The contra proferentem rule in insurance claims

Insurance expert John D Wright of JD Risk Associates explains why the contra proferentem rule is likely to be applied against the insurer in the event of claims under policies. Claims relating to inevitable events are not supported by the courts, he warns.

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Fraud justifies adjudication stay

In out latest alternative dispute resolution series David Owen of Clyde & Co analyses a new ground that has been found for resisting adjudication enforcement – fraud.

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Value seen in reality checks

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Tendering Practice Note, warning that care needs to be taken with qualified tenders. Periods for acceptance should always be stated, he recommends.

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Reports from the courts: June 2018

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, including the first case in which the courts have considered the interplay between project insurance and sub-contractors; and one that carries clear warnings for project monitors and lenders.

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