State of play table 189

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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New models of construction procurement

Guidance has been published on three new models of construction procurement, namely (i) Cost Led Procurement (CLP), (ii) Integrated Project Insurance (IPI) and (iii) Two Stage Open Book (TSOB).

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Reports from the courts: April 2014

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Robert Read of Beale & Company who focus on a case where a main contractor would not allow a sub-contractor access to its own documents; and one where an adjudicator’s appointment was ruled invalid.

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Changes not as easy as they look

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of changes to the JCT Management Building Contract. Most changes are welcome rewording and reordering of clauses; but changes forced by the Construction Act are another matter, he warns.

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Whose claim is it anyway?

What status does an adjudicator’s decision have in subsequent litigation? James Bowling and George Woods of 4 Pump Court find confl cting answers in their analysis of two recent appeal court decisions.

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Construction swings in the Sultanate

Many UK contractors and consultants are busy with projects in the booming Oman market and others will be eyeing the prospects. David Courtney-Hatcher of Dentons warns about contracts of a type not seen since the 1970s, but sees improvements under way.

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Project bank accounts on target

Project bank accounts have become widely used in public sector construction since their introduction just over four years ago. Alexander Whyatt of Clyde & Co finds much to commend their use by the private sector as well.

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When multiple standards apply

Michael Mendelblat and Robin Wood of Herbert Smith Freehills examine a rare case involving professional negligence allegations against a multi-disciplinary design consultant. Less unusually, expert witnesses came in for a slating from the court.

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Policy shifts support litigation funding

Third party litigation funding is not new, but although historically frowned upon it is becoming more acceptable and popular. Vijay Bange of Trowers & Hamlins reviews the current state of play regarding sources of litigation funding.

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Notification procedures under scrutiny again

Insurance expert John D Wright of JD Risk Associates examines a recent case involving a professional indemnity claim against a solicitor that highlights problems concerning notification of claims that also bedevil construction professionals.

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