Choosing your adjudicator

David Lloyd Jones of Gateley explains the implications of a Technology and Construction Court ruling that sets out a potential roadmap to thwarting attempts to scupper adjudications by withholding the serving of referral documentation.

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Is procedures guidance adequate?

Vijay Bange of Trowers & Hamlins updates his earlier article on the Bribery Act 2010 (CL Vol 21 No 10) in light of the subsequent release of ‘adequate procedures’ guidance. The new laws come into force on 1 July, and companies of all sizes will have to be ready.

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Transparency in public sector procurement

New government transparency rules will have a major impact on the way that public sector projects are procured, predict Will Buckby and Sabrina Ashoor of Beale and Company. Contractors will also have to get more familiar with the Freedom of Information Act, they warn.

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No need for casting in stone

Our contracts watchdog Michael Phipps, Principal of Thurston Consultants, examines the always thorny problem for contractors of acting without written instructions. How three contracts tackle the issue is examined, but all are found wanting.

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Reports from the courts: July 2011

Our regular round up of cases of most relevance to construction from Professor Michael Furmston of Bristol University includes an appeal court decision relating to set-off; and a decision centring on whether a contract was a construction contract for purposes of adjudication.

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Progress on reforming health and safety?

Injuries and fatalities have decreased considerably in the construction industry over the years, mainly due to the increased legislation in the area.

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State of play table: 162

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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Exclusions of liability under subcontracts

Guest Editor James Doe of Herbert Smith says the legal position is unclear relating to whether liquidated damages are direct or consequential loss. When drafting clauses, he urges identifying losses that should, or should not, remain recoverable from the subcontractor in a ‘carve-out’.

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Legal terms explained: Negligence – the basics

Construction projects are set up using contracts and it is no surprise that the law of contract generally plays a bigger role than negligence. Nonetheless, the law of negligence has an important part to play, especially if there is no contract between the parties. It is therefore worth looking at the basic principles and issues that come up when looking at claims for negligence.

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News in brief: July 2011

Construction disputes are on the rise globally, according to a survey by EC Harris. Disputes take an average of nine months to resolve and are most often caused by poor administration.

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