Exemption clauses, risk allocation and ordinary language

Joanne Maclean and Suriya Edwards of Geldards LLP analyse a recent case that underlines the courts’ support for clauses in contracts that are negotiated between parties of equal bargaining power.

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The Bolam test and Montgomery in construction

David Pliener of Hardwicke examines a court ruling in a healthcare industry dispute that has potential implications for the duty of care owed by professionals in construction. A construction test case is inevitable soon, he warns.

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Contractors’ product liability

Insurance expert John D Wright of JD Risk Associates details what is covered under contractors’ product liability policies. Cover for damage to the product itself is usually excluded, but separate cover is available.

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NEC4 – embracing ADR?

Russell Banfi of Clyde & Co analyses some little reported features of the new NEC4 suite of contracts relating to dispute resolution and avoidance in our latest alternative dispute resolution series. Some new issues are raised, he argues.

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Congestion, capacity, carbon and the interim National Infrastructure Assessment

On 5 October 2015, the then-Chancellor George Osborne announced the creation of a National Infrastructure Commission (NIC) to provide an unbiased analysis of the UK’s long-term infrastructure needs.

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New and proposed legislation: State of play table 225

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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Research into adjudication fees published

Adjudicators’ hourly fees look to be on the rise according to new research from Construction Dispute Resolution (CDR) which revealed that adjudicators charge an average hourly rate of £210.

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CMA provides clarity for leniency applicants

The Competition and Markets Authority (CMA) has published an information note setting out arrangements for the handling of leniency applications from cartel informants in the regulated sectors.

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Call for action on cash retention

Backbench MP Peter Aldous has laid a private member’s bill to reform the construction industry’s use of cash retentions.

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News in Brief: December 2017

Balfour Beatty has called for reform to the way construction and infrastructure services are procured by the defence sector.

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