Reports from the courts: April 2017

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company LLP includes a decision highlighting that payment notices need to be free from ambiguity; and another confirming a trend for courts to adopt a common sense approach to liability limiting clauses.

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Valuation no invite to creative thinking

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Minor Works Building Contract, turning to the procedure for payment applications.

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Construction Law Guide to NEC3 (Part 2)

This second article on the NEC Engineering and Construction Contract (ECC) in our CL Guide series, by Jon Gaskell, a Legal Director at DLA Piper, focusses on key aspects of core cll 6 to 9, together with the dispute resolution options, secondary option clauses and contract data.

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Court expands on pay less issues

Andrew Croft and Stephen Jones of Beale & Company Solicitors LLP review how the courts view payment and pay less notices in the light of recent decisions. The overall picture will be looked at when considering whether a notice is valid, they argue.

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A trump card for employers

Suriya Edwards of Geldards LLP analyses a recent case that helps legitimise employer friendly contractual terms, highlighting how employers can use pay less notices to manage cash flow.

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Expected legal and litigation trends in 2017

Charlie Thompson of Hardwicke looks into the crystal ball to make some predictions about what the rest of 2017 might hold for the industry’s legal picture. Much uncertainty lies ahead in several key areas, he warns.

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Pressure rises to increase diversity

How diverse is the construction industry as a workplace, ask Akin Akinbode, Sarah Beeby, Esther McDermott and Michael Wright of Dentons. Pressure is mounting to increase diversity with new regulations on gender pay in force from April 2017.

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Inherent defects insurance popularity growing

Inherent defects insurance has never been popular in the UK but, says insurance expert John D Wright of JD Risk Associates, the traditional view of it as just an onerous and unnecessary cost is changing.

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Mediation – an introduction

Our latest alternative dispute resolution article from Clyde & Co’s Christopher Leadbetter explains the benefits of mediation.

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New and proposed legislation: State of play table 218

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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