Reports from the courts: January 2013

Our regular round up of court decisions, from Will Buckby and Andrew Croft of Beale and Company, includes a ruling which denies that planners constitute a profession; and one that says adjudicators need not be paid when decisions are unenforceable due to natural justice failings.

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Impeccable tender advice

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, takes a look at a guide to tendering procedure from the JCT which he finds to be a very well written attempt to grapple with a difficult topic.

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Court takes pragmatic approach

Ann Levin and Jessica Rajwan of Herbert Smith Freehills examine a court decision that highlights the importance of careful drafting of bespoke arbitration clauses, in a case where the court ruled that the clause on which the case turned was not in fact an arbitration clause.

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Supply chains: get it right

Contractor insolvencies are running at a worryingly high level and represent a serious supply chain management risk. Giles Searby and Daniel Gardiner of Hill Dickinson say the London Olympic games procurement process points to how to minimise the risks.

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Because I’m worth it?

Vijay Bange of Trowers & Hamlins analyses the impact of the recent appeal court ruling that adjudicators are not entitled to their fees if they have breached natural justice rules. There may be scope to extend the ruling to any unenforceable decision.

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Indemnity – simple only in theory?

Insurance expert John D Wright of JD Risk Associates considers the principle of indemnity as it is used in insurance law, examining some landmark cases that shed light on how the courts will decide on what sums to award.

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Better the devil you know

The NEC has proven to be a great success in the UK and is being used internationally as well. David Jones of Pinsent Masons asks whether the NEC could come to supplant FIDIC in popularity.

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Competition and construction materials

Cartel damages claims are beginning to bite the construction industry, warns EU and competition law specialist Rebecca Owen-Howes of SNR Denton. The cement market has been particularly scrutinised across Europe but other markets are now coming under the spotlight.

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Insight into arbitration

In the latest article in our alternative dispute resolution series Alexander Whyatt of Clyde & Co examines the results of an arbitration survey that might inspire some to question their accepted practices.

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State of play table 177

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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