Not such a smashing and grabbing time now

Richard Booth of Holman Fenwick Willan LLP analyses a key appeal court decision relating to the vexed issue of payments under the Construction Act where no valid payment notice or pay less notice has been issued. Is it the end for ‘smash and grab’ adjudications?

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Time to think about life after Brexit

Government has advised companies to make contingencies for a no-deal Brexit, against a background best described as uncertain. Editor Nick Barrett describes the guidance that has so far been offered relating to pursuing EU projects and the new competition regime that might exist.

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BIM, ECI, collaborative working and joint risk management – pieces of a jigsaw?

Asad Chaudhri of Turner & Townsend identifies a lack of clarity in the guidance offered in the Construction Industry Council’s BIM Protocol and warns that some BIM ‘solutions’ might have unintended consequences.

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Time to step up to human rights responsibilities

A United Nations Working Group has published its first draft treaty to regulate human rights on large international projects. Catherine Gilfedder and Esther McDermott of Dentons warn that the construction industry is under ever closer human rights scrutiny.

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Third party rights against insurers

Insurance expert John D Wright of JD Risk Associates examines the background to third party rights now that reforming legislation has been effective for two years. Diligence before project commencement is still essential to prevent later problems.

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Arbitration clauses and Pt 8 applications

In the latest of our alternative dispute resolution series articles Richard Kniveton of Clyde & Co LLP examines a judgment highlighting that the effects of JCT’s standard arbitration clause should not be underestimated.

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New and proposed legislation: State of play table 235

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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Legal terms explained: No loss arguments

Generally, damages for breach of contract are intended to compensate the claimant for the damage, loss or injury suffered. However, a defendant may seek to argue that the claimant has suffered no loss as a result of the defendant’s breach of contract, or is not the party who has suffered the loss claimed. Such arguments are often referred to as ‘no loss arguments’ and, where they succeed, the claimant cannot typically recover more than nominal damages.

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News in Brief: December 2018

The Construction Industry Council (CIC) is consulting with the sector ahead of the publication of a new CIC model mediation agreement and procedure in early 2019.

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