Editor’s comment
Professional negligence adjudication pilot
Adjudication has been a success for the industry and is catching the eye of judges involved in other areas, says Editor Nick Barrett who reports on a pilot scheme to extend its use to professional negligence in fields other than construction.
News
Our regular news round up finds the JCT launching the first of its 2016 edition of contracts; publication of a new edition of industry standard work Keating on Construction Contracts; and publication of a framework alliance contract by the Association of Consultant Architects, said to be a first.
Legal terms explained
Andy Batty of Pinsent Masons explains ambiguities that can arise in contracts.
Guest editor
When two worlds go to war
Guest editor Michael Hopkins of Pinsent Masons examines what happens when two worlds collide –adjudication and payment. Which has the upper hand?
Legislation state of play table
Our regular round up of the progress of legislation affecting construction passing through the EC and UK legislative systems from Clyde & Co. Tim Axtmann and Nathaniel Horrocks-Burns provide a commentary on the apprenticeship levy.
Reports from the courts
Our regular round up of court decisions comes from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP includes a case highlighting that mutual indemnity or exclusion clauses between equal parties are likely to be upheld; and an appeal against an arbitration decision relating to interest payment.
Contracts monitor
List of defined terms needed
Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his analysis of the RIBA Concise Building Contract 2014, warning that further explanation of terms used in relation to insurance is needed.
Dispute avoidance
Early warning and early resolution
A technology platform based early warning system for spotting potential disputes and resolving them before they have time to fester – science fiction? Martin Burns, Head of Alternative Dispute Resolution Research and Development at the Royal Institution of Chartered Surveyors and Edward Moore, Chief Executive of ResoLex, insist it is fact and will be available this year.
Procurement
The new rules on tendering for concession contracts
Nick Pimlott and Alexandra Hackney of Fieldfisher examine new rules for tendering concession contracts that represent a regulatory sea change. The risk of legal challenges has risen, they warn.
CDM Regulations
The CDM Regulations one year on
The industry has had a year to get to grips with the revised CDM Regulations. Jane Miles of Dentons reviews the key issues that have arisen over the year and suggests how they can be dealt with.
Contracts
What makes a process plant contract different?
Simon Colegate of Weightmans reviews what it is about process plant contracts that makes them different from construction contracts. Hybrids of the two create problems, as he explains.
It’s not fair
Sean Brannigan QC and Claire Packman of 4 Pump Court analyse recent cases to ask if construction contracts can still be subject to the Unfair Contract Terms Act 1977. If even some of a party’s standard terms are incorporated, the answer could be yes.
Insurance
Professional indemnity – design and build option
Insurance expert John D Wright of JD Risk Associates explains the market for professional indemnity cover for design and build contracts. Contractors need additional clauses to ensure they are properly protected, he warns.
Alternative dispute resolution
The severability of adjudication decisions
In our latest alternative dispute resolution series article Alex Gandhi and Rachel Chaplin of Clyde & Co examine a recent judgment that extends the principle of severability of an adjudicator’s decision.