Construction Law Guide to: defects provisions in construction contracts

Sarah Nunnery-Jones of DLA Piper continues our Construction Law Guides series with a look at defects provisions in the main contract forms.

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NEC4 increases consultants’ risk

Will Buckby and Andrew Croft of Beale & Company Solicitors LLP examine the new NEC4 Professional Services Contract and find the changes from the previous contract to be more than simply an evolution. Consultants face increased potential risk, they warn.

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Bringing existing PFI contracts back in-house

Private Finance Initiative contracts came under threat during the party political conference season. Davinia Cowden of CMS details the practical problems that would be faced in bringing them back into public ownership.

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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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