Time to amend the Construction Act

Barrister Marion Rich, Director of Legal and Contractual Affairs at the British Constructional Steelwork Association, says it is time to amend the Construction Act to remove its exclusions. At least one of them is unnecessary and discriminatory, she argues.

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Contradictory design duties

The inherent conflict between design standards and performance obligations has been highlighted in a recent Supreme Court judgment. Michael Sergeant of HFW considers the relevance of the long-running Højgaard v E.ON dispute and its relevance in interpreting contracts with conflicting design requirements.

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Taking the measured mile

Mathias Cheung, barrister at Atkin Chambers, analyses the new edition of the SCL Delay and Disruption Protocol which is gaining wide acceptance. Guidance on concurrent delay might not be consistent with the TCC’s approach, he cautions.

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The co-insurance conundrum

Marie-Therese Groarke of Withers examines a Supreme Court case that might lead to changes in insurance market practice and construction contracts regarding co-insurance. A key conclusion is that express language in contracts is preferable to being silent on key issues such as liability.

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The Insurance Act 2015 – better for policyholders?

Insurance expert John D Wright of JD Risk Associates reviews the impact so far of the 2015 Insurance Act, which has placed new burdens on brokers. The Act will influence specific claim situations in ways that are not yet fully clear, he warns.

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Getting to know your own contract

In our latest alternative dispute resolution series article Tim Axtmann of Clyde & Co warns adjudicators that their agreements may upset their rights under late payments legislation.

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Government building safety programme

The government established a building safety programme (BSP) in the wake of the Grenfell Tower tragedy, with the aim of ensuring that high rise residential buildings are safe.

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New and proposed legislation: State of play table 224

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: Predictive coding

Predictive coding is a software tool that may be used to prioritise the review of documents for disclosure exercises by likelihood of relevance.

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Survey to explore trends in arbitration

Views on the evolution of arbitration are sought for a survey being carried out by law firm White & Case LLP in conjunction with the School of International Arbitration at Queen Mary University of London (QMUL).

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