Expert evidence and construction claims

Digby Hebbard and Thomas Edwards of Fladgate review recent court cases that highlight the consequences of failing to manage expert witnesses adequately. Be careful in selection of experts as well, they warn.

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Off balance sheet and the Mutual Investment Model

Suriya Edwards of Geldards LLP examines the Welsh government’s Mutual Investment Model for bringing private finance into public sector projects. Sustainability requires a strong focus, she finds.

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Ingredients for a binding contract

Kwadwo Sarkodie of Mayer Brown analyses the ingredients that must be present for a legal contract to be formed. Even informal chats can turn out to be legally binding he warns.

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Cash retentions post Carillion

Stephen Radcliffe of Walker Morris LLP considers the implications of the Carillion collapse and what it means for the practice of cash retentions. A Private Members’ Bill might provide impetus for long awaited reform of retentions.

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The supply chain interruption risk

Insurance expert John D Wright of JD Risk Associates explains what the insurance market can provide to protect against the risk of consequential loss and supply chain interruption. Case law proves the wisdom of ensuring cover fully matches requirements.

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The end of ‘smash and grab’?

In our latest alternative dispute resolution series article Chris Kerr of Clyde & Co LLP asks whether ‘smash and grab’ adjudications have a future following a recent ruling.

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Sensible suggestions for pre-qualification

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of JCT’s Tendering Practice Note. Some easy measures to help prevent collusion have been overlooked, he says.

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Reports from the courts: April 2018

Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP review the most recent cases of interest to construction including one highlighting that rights and remedies in respect of insolvency can apply after termination by a contractor for breach of contract; and another underlining from what point limitation periods start to run from.

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New and proposed legislation: State of play table 228

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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The National Infrastructure Commission Annual Monitoring Report 2018

Part of the remit of the National Infrastructure Commission (NIC), which was formally established in January 2017, in addition to providing advice on national infrastructure priorities, is to hold the government to account for delivering on its promises.

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