Expert evidence and construction claims

Digby Hebbard and Douglas Simpson of Fladgate LLP take an overview of the role of expert witnesses in construction disputes, providing practical advice on their selection and management. Neglect of either of these could be costly.

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Court clamps down on ‘smash and grab’

Akin Akinbode and Krystal Williams of Dentons discuss key cases that provide lessons in respect of the payment process. Smash and grab approaches will not always work, they warn.

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Oral contracts and oral variations

Oral contracts, part-oral contracts and variations can throw up difficult issues for adjudicators, raising the prospect of jurisdictional challenge when the existence of a contract is disputed. Frances Garratt of CMS explains the lessons to be learned from recent cases.

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Risks of occurrence in liability insurance

Insurance expert John D Wright of JD Risk Associates examines potential pitfalls from using words in policies that can have alternative meanings. Even the meaning of a word like ‘occurrence’ can be disputed.

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Whose plant is it anyway?

Inconsistent provisions in contracts frequently bedevil the question of who owns goods like construction plant on site. Catherine Piercy and Aileen McErlean of Hardwicke Chambers urge close attention along the supply chain to who actually has title.

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Adjudicating a final account

Our latest alternative dispute resolution series article from Chris Leadbetter of Clyde & Co examines an important court ruling affecting adjudication.

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Arbitration market share under threat

Arbitration is the least heard of dispute resolution method, although it is the preferred method when many large scale projects go wrong, either technically or commercially. Confidentiality goes hand in hand with arbitrations of course, so little is heard of their outcomes.

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State of play table 215

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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National Infrastructure Commission to become an Executive Agency

It was announced in the Queen’s Speech on 18 May 2016, that legislation would be introduced to place the National Infrastructure Commission (NIC) on a permanent and independent footing and with the drafting of the Neighbourhood Planning and Infrastructure Bill it appeared that this would come to fruition. However, the Bill that was eventually introduced to Parliament was the Neighbourhood Planning Bill, with no mention of the NIC, which led to concerns over the future power, independence and permanency of the NIC.

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Legal terms explained: Betterment

In instances where something new is sought to replace something old, which has suffered damage, betterment is often claimed. Betterment, being the increase in value of a property or object as a result of an action, should, it is argued, be deducted from the overall claim. This takes account of the fact that the claimant has essentially received something new for old. The evidential burden of establishing betterment is on the defendant.

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