Construction costs: a call to action

Guest editor Paul Lowe of Weightmans LLP, a member of the Forum of Insurance Lawyers (FOIL), examines research that points the way towards reducing the errors that give rise to construction disputes. Losses from errors exceed the industry’s annual profits.  

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Reports from the courts: March 2017

In our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP report on a shipbuilding dispute where the court gave a wide interpretation to an exclusion of ‘consequential loss’; and another confirming that an adjudication on a failure to issue notices in relation to an interim payment will not prevent a party commencing a second adjudication in relation to the value of the works.

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Wordy clauses need to be simplified

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the new JCT Minor Works Building Contract and welcomes some helpful changes. Some clauses remain longer than they need be, he argues.

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Construction Law Guide to NEC3

In the first instalment of a two part article, our latest CL Guide, from Corinne McCarthy of DLA Piper LLP, looks at the NEC Engineering and Construction Contract.

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Emergency arbitrators and expedited tribunals

The unavailability of emergency relief has often been cited in the past as a drawback of arbitration. James Doe and Robin Wood of Herbert Smith Freehills report that emergency provisions are now available and working well.

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Recovery of costs in adjudication – a missed opportunity?

Vijay Bange of Trowers & Hamlyns LLP reports on a court ruling that represents a conceptual shift from the previous established position for costs recovery under the Construction Act. An authoritative statement on the applicability of the Act to the recovery of a party’s costs in recovering a debt in adjudication is now needed.

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Paying for your mistakes

Recent court rulings have highlighted the dangers of failing to issue pay less notices. Jennifer Badham of Withers reports on a case that provides at least some relief for paying parties who fail to issue notices on time at final account stage.

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Slow procurement might hinder new market

Cecily Davis and Zina Leseanu of Fieldfisher say the government’s new industrial strategy, which places construction at the heart of plans to reinvent the UK, will mean a new dawn for district heating projects. Here, they consider some of the procurement challenges that will arise.

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Damage to the works – loss of revenue

Insurance expert John D Wright of JD Risk Associates explains issues surrounding consequential losses, which contract works policies will specifically exclude.

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Promoting conflict avoidance

An industry wide clamour for collaborative working and conflict avoidance procedures is starting to be reflected in contracts, says Chris Kerr of Clyde & Co in our latest alternative dispute resolution series article.

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