Judges backing off common sense approach?

Guest editor Vijay Bange of Trowers & Hamlins LLP reviews the courts’ attitude to interpreting contracts. The commercial common sense versus literal interpretation of words used conflict is unresolved, he says.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Construction Law Guide to: Adjudication

Michael Tomlinson of DLA Piper presents the latest in our Construction Law guides series, explaining how the adjudication regime works. A useful checklist is provided to help steer through what can be a tricky course.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Reports from the courts

Our regular review of cases of most importance to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP, including one highlighting the potential dangers of giving ad hoc and free advice as a business development initiative; and another showing how a widely drafted limit of liability clause may still be reasonable and therefore enforceable under unfair contract terms legislation.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Digitising benefits not fully realised

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Minor Works Building Contract. Some 35 years since JCT Forms were first digitised, full advantage has not yet been taken of the wide range of searches which digitising permits, he says.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

The legal challenges of Brexit for construction projects

Brexit poses particular challenges for those drafting and negotiating contracts for construction projects in the UK, explain Peter Kitson and Mark Fletcher of Russell-Cooke LLP in this overview of the risks.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Adjudicator not bound to accept answers

Stephen Radcliffe of Walker Morris LLP reviews a recent case dealing with jurisdiction and natural justice arguments, in which the court also commented on serial adjudications, severance of decisions, and the use of ‘catch all’ provisions in notices of adjudication and referral notices.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

PSA 2017: striking the right balance?

Jennifer Badham of Withers LLP looks at the new ACE Professional Services Agreement from an employer’s perspective. The new version doesn’t go far enough to strike a balance between the interests of consultants and their clients and funders, she concludes.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Minimum acceptable performance levels

Failing to meet performance related criteria can lead to termination of contracts, so clauses need careful drafting, and reading. Suriya Edwards of Geldards LLP reports on a case that offers a guide to how the courts will interpret contracts containing performance clauses.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

When is damage not a defect?

Insurance expert John D Wright of JD Risk Associates explains the cover available for defects, which insurance companies as a rule do not feel they should be liable for. Claims can be affected by details of what is insured damage and what is a defect.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Injustice not to be simply assumed

In our latest alternative dispute resolution series article Rupert Coldwell of Clyde & Co LLP examines an attempt to remove arbitrators for allegedly failing to properly conduct proceedings.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

+ More