State of play table 206

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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Merger creates new projects authority

The government has announced that at the start of 2016 of Infrastructure UK (IUK) and the Major Projects Authority (MPA) will merge, uniting in one body the government’s expertise and knowledge of managing and delivering major economic projects.

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Reports from the courts: January 2016

Our round up of the key court decisions affecting construction from Andrew Croft and Simii Sivapalan of Beale & Company, includes a case highlighting that a limitation clause does not remove liabilities to all parties on a contract; and another where a court considered the late payment provisions of the ‘Construction Act’ where insolvency was a risk.

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Mixing tenses has no place in contracts

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the RIBA Concise Building Contract 2014. Some curious wordings leave some questions unanswered, he finds.

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Key adjudication questions still unanswered

Last year was a busy one for adjudication cases coming to court. Lawrence Davies and Matthew Friedlander of Pinsent Masons review some of the key cases and the future impact they will have.

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Review of the year in Scotland

 Shona Frame and Madeleine Young of CMS review the main events in construction law in Scotland during 2015. A highlight was a rare example of an NEC contract being considered by the courts.

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Payment issues clarified

Doug Wass of Macfarlanes LLP welcomes the clarity on interim payments provided by recent court decisions. Pay less notices that set out a revaluation of work are valid, employers will be pleased to learn.

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Get with the programme!

Is incorporating the programme into the construction contract a good idea? VanWyck Johnson of Clyde & Co warns perhaps not, in this analysis of the value of effective programming.

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Insolvency Rules vs arbitration – which prevails?

Vijay Bange of Trowers & Hamlins  analyses a dispute involving an insolvent contractor that provides guidance on whether the Insolvency Rules or an arbitration clause should apply. Arbitration prevailed so check your contract documentation, he urges.

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Litigation to fall under new Insurance Act

Insurance expert John D Wright of JD Risk Associates looks at the new Insurance Act coming into force this year, which should help policyholders and reduce litigation. The courts face a lengthy job of interpretation however.

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