Review of 2017 in Scotland

Shona Frame and Siân McNiff of CMS review the highlights in Scotland of 2017, an eventful year with developments that will be felt in 2018 and beyond. Key events included legislation that revolutionised third party rights.

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No absolute rights governing certificates

Jennifer Jones of Atkin Chambers examines the law surrounding conclusive evidence clauses, which often pass unnoticed – until it is too late. Make careful note of any obligatory time periods that might expire, she advises.

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Latent disease in employers’ liability claims

Insurance expert John D Wright of JD Risk Associates explains how latent disease is treated in employers’ liability policies. The basis on which policies is written is ‘cause arising’ which has created long-standing problems.

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Serial adjudications – who bears the cost?

Vijay Bange of Trowers & Hamlins LLP predicts a growing number of challenges to adjudications following recent court decisions, especially where there is evidence of ‘adjudication shopping’ or adjudications being abandoned for no good reason.

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Recent adjudication enforcement decisions

In the latest article of our regular alternative dispute resolution series article Richard Kniveton of Clyde & Co examines the implications of two recent adjudication enforcement decisions.

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New and proposed legislation: State of play table 226

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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Autumn 2017 Budget

On 22 November 2017, the Chancellor, Phillip Hammond, delivered the Autumn 2017 Budget, the first since the General Election earlier this year.

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Legal terms explained: Knock-for-knock indemnities

In its simplest form, under a knock-for-knock indemnity each party to a contract agrees to bear responsibility for and indemnify the other in respect of loss of or damage to their and their group’s (which would include their contractors and sub-contractors) property, and injury to or death of their and their group’s employees, as well as any other specified losses, for example, consequential loss or environmental liability, regardless of fault.

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Carillion carnage masks PFI malaise

What the long-term fallout of the Carillion debacle will be is hard to predict, but it has at least shone a spotlight on the Private Finance Initiative (PFI), as well as the associated large, long term contracts that can bring contractors down if they go wrong.

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Payment charter fails to take off

Government’s Construction Supply Chain Payment Charter has failed to take off and should be scrapped, the head of a leading industry association is urging.

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