Effective limitations and exclusions

Julie Teal and Jennifer Badham of Withers warn about the pitfalls of attempting to limit liability by drafting exclusion and limitation clauses. Recent cases have revealed several occasions where clauses were found to be open to several interpretations.

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Penalties and liquidated damages law restated

James Shackleton of Eversheds examines one of the key court decisions of the year, when the Supreme Court revisited the law on penalties. Liquidated damages need no longer solely reflect genuine pre-estimates of loss, he reports.

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Scope for crafty contractors

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the RIBA Concise Building Contract. Determining what documents are intended to be part of the contract could be a problem if any are added, he warns.

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Reports from the courts: December 2015

In our regular round up of the cases of most interest to construction Andrew Croft and Simii Sivapalan of Beale & Company report on a case showing the courts’ determination not to allow any advantage accruing for non-compliance with the Construction Act or the contract; and one showing how the Act will be applied to all contracts, including oral contracts.

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Introduction of the National Infrastructure Commission

In his speech at the Conservative party conference, the Chancellor of the Exchequer, George Osborne, announced the creation of a new independent National Infrastructure Commission (NIC). The role of the Commission will be to provide the Government with impartial, long-term analysis of Britain’s immediate and longer term infrastructure needs.

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State of play table 205

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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Escalating without resolution?

Sharing our guest editor slot this month are Shona Frame and Kathryn Moffat of CMS who examine the increasing use of escalating dispute resolution clauses. Sometimes it might be better to cut to the chase and get proceedings under way, they argue.

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Legal terms explained: Pt 36 offers

How does a Pt 36 offer work? A party in litigation can make an offer to settle in any way it chooses, but there are often costs, interest and tactical advantages in making a formal offer to settle that complies with Pt 36 of the Civil Procedure Rules. Part 36 offers – whether made by a defendant or a claimant – can be made at all key stages in the lifespan of a dispute.

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News in Brief: December 2015

A new online filing and document management system is now available for use by parties litigating in the Rolls Building, which includes the Technology and Construction Court. The new system – Court. CE File – was piloted by the TCC over summer 2015.

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Illegal worker clampdown

Construction has been targeted in a Home Office drive to catch illegal immigrants working on sites.

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