The Construction Supply Chain Payment Charter

The Construction Leadership Council (CLC) has relaunched its Construction Supply Chain Payment Charter (CSCPC). The Charter was first launched in 2014 and contains 11 non-binding commitments to which companies, operating within the construction industry, can attest.

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Reports from the courts

Our regular reports of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focuses on a decision highlighting that reservations about an expert’s jurisdiction must be raised at the outset of any dispute; and another highlighting that exclusions to agreements for extensions of time should be expressly set out.

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Definitions list needed

Contracts monitor Michael Phipps, Principal of Thurston Consultants, highlights inconsistent use of terminology in RIBA’s Concise Building Contract 2014. Time may be wasted checking for this, he warns.

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Beware Brexit unknown unknowns

Ed Freeman of Clyde & Co looks at the implications of Brexit for construction law, of which several are important for the industry’s contracts. Amid the current uncertainty parties need to ask who will shoulder the risk of the unknown unknowns?

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‘Smash and grab’ adjudications

David Arnott and Christopher Duff of Brodies LLP analyse the game-changing impact of Construction Act amendments on adjudication, detailing the options available to paying parties on the losing side of ‘smash and grab’ actions.

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Contractors’ design obligations

Jennifer Jones of Atkin Chambers examines a recent case affecting contractors’ design obligations that highlights tension between implied obligations and the conventional approach which looks purely at express design obligations contained within the contract.

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Digital delivery – the legal implications

Digitising construction will demand a joined up legal, commercial and technical approach, say Andrew Croft and Adam Ifield of Beale & Company Solicitors LLP in this overview of the legal implications of new, digital ways of working. Responsibilities and roles are likely to change quickly, they warn.

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Anti-oral variation clauses

Vijay Bange of Trowers & Hamlins analyses the issues in a non-construction case that has implications for anti-oral variation clauses in construction contracts. There are practical benefits to be had from including these clauses in contracts, he concludes.

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Watch the finger on trigger points

Insurance expert John D Wright of JD Risk Associates examines the proximate cause principle as it applies to construction industry policies. Precise wordings in policies can be important, he cautions.

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Claiming costs in adjudication

Our latest alternative dispute resolution series article from Rupert Coldwell of Clyde & Co LLP reports on a case with key implications relating to payment of interest and costs in adjudication. The decision confirms that an adjudicator’s jurisdiction will extend to the award of any relief which is consequential upon or incidental to the adjudication.

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