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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New and proposed legislation: State of play table 230

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 Construction (Retention Deposit Schemes) Bill

The Construction (Retention Deposit Schemes) Bill (the Bill) was initially proposed by Peter Aldous MP in January 2018 as a Private Members’ Bill under the 10 Minute Rule Motion. The Bill seeks to protect retention deposits under construction contracts, much in the same way that residential tenancy deposit schemes operate.

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Legal terms explained: Disputes boards

Disputes boards are panels empowered to resolve disputes. They typically do so on an interim basis, with the dissatisfied party having the option to refer the dispute to arbitration or litigation for final determination.

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Something rotten in the culture?

The Carillion fallout is still spreading across the construction industry, and looks likely to do so for some time.
An immediate knock on effect is insolvencies among Carillion’s suppliers, caused by the large unsettled debts the collapse left them facing. Those companies themselves owe significant sums to their suppliers, and so the chain reaction continues.

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Reforms urged after Carillion

Ambitious and wide-ranging reforms to current systems of corporate accountability are being called for by two committees of MPs in order help prevent a repeat of the Carillion collapse.

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Action needed to beat modern slavery

Contractors are urged to act over human rights risks in their supply chains by the Chartered Institute of Building (CIOB), which says both British and migrant workers are vulnerable to exploitation on UK construction sites.

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Cladding ban urged for high risk buildings

Fresh calls have been made to ban the use of combustible cladding on high rise residential buildings following a recent review of building regulations and fire safety, which overlooked such a move within its recommendations.

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