Construction Law Guide to: Directors and health and safety

The latest in our guides to construction law comes from Rachel Chaplin of DLA Piper who explains the health and safety responsibilities of directors.

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Prevention principle and expressly agreed terms

Mark Macaulay and Charmandip Bhart of Dentons UK and Middle East LLP report on a Court of Appeal judgment that reverses a common law position, confirming that parties may allocate the risk of concurrent delay without contravening the doctrine of prevention.

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Liquidated damages and guarantor liability principles

Richard Booth and George Harris of HFW analyse a court judgment that provides a useful reminder of the enforceability of liquidated damages. There is a distinction to be drawn between guarantees and indemnities in the context of guarantor provided security.

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Consumers and construction contracts

Peter Kitson of Russell-Cooke LLP says legislation is needed to provide a proper basis for consumers to contract with construction industry suppliers. Existing legislation is hard to apply in construction and creates unenforceable rights, he argues.

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Smart buildings: unlocking the potential of bricks and mortar

Data driven technologies hold out great promise in developing ‘Smart Buildings’ and ‘Smart Cities’ but, as Simon Porter of CMS warns, there are risks and barriers to be overcome.

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Insuring at your peril

Insurance expert John D Wright of JD Risk Associates warns that the interpretation of ‘perils’ in insurance policies can be tricky, and standard joint names protection clauses in contracts cannot be relied on.

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ADR liaison forum proposed

In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP explains new measures proposed to spread awareness of the alternatives to litigation. More innovative approaches might help the proposals to succeed, she suggests.

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New and proposed legislation: State of play table 237

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: Crystallisation

The Housing Grants, Construction and Regeneration Act 1996 provides: ‘A party to a construction contract has the right to refer a dispute arising under the contract for adjudication …’ (s 108). A statutory right to adjudicate only arises where there is a ‘dispute’. Therefore, before referring a matter to adjudication, it is important to establish that there is, in fact, a dispute – ie the dispute has crystallised.

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