Stop, look and listen

Amending standard forms is usually advised against, but Ed Freeman and Rachel Chaplin of Clyde & Co argue that amendments can often make sense. Choosing the right contract from the outset though can avoid the need for many amendments.  

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Decennial liability creates unfamiliar risks

The State of Qatar’s construction market is attracting a lot of interest with a large programme of work related to hosting the 2022 World Cup. Andrew Jones of Dentons explains what contractors and consultants need to look out for under Qatar’s unfamiliar decennial liability regime.

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‘Gaps’ can end in tears

Multi-tiered dispute resolution clauses can save parties time and money but, as Elizabeth Kantor and Philip Parrott of Herbert Smith Freehills warn, there are potential pitfalls to watch out for.

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Bargain basements?

Insurance expert John D Wright of JD Risk Associates looks into the issues around the current trend for excavating extensive basements below prime London properties. Following a number of high profile building collapses, full cover may be hard to find. 

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Adjudication pilot scheme expands

Christine Gordon of Clyde & Co examines an adjudication pilot scheme for professional negligence claims for its potential impact on construction in our latest alternative dispute resolution series article.

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Construction sector fines soar under new guidance

Construction companies have been fined £8M for safety offences since the introduction of new health and safety guidelines at the start of February, according to insurance litigation law firm BLM.

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Rail franchise considers judicial review over regulator’s decision

Franchise contracts are coming under the spotlight with train operating franchise Virgin Trains East Coast (VTEC) reportedly considering a judicial review application over a decision to allow rival operator FirstGroup to run competing train services on the East Coast Mainline.

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Construction Law: July 2016

Editor’s comment    
Professional negligence adjudication pilot
Adjudication has been a success for the industry and is catching the eye of judges involved in other areas, says Editor Nick Barrett who reports on a pilot scheme to extend its use to professional negligence in fields other than construction.

News
Our regular news round up finds the JCT launching the first of its 2016 edition of contracts; publication of a new edition of industry standard work Keating on Construction Contracts; and publication of a framework alliance contract by  the Association of Consultant Architects, said to be a first.

Legal terms explained
Andy Batty of Pinsent Masons explains ambiguities that can arise in contracts.

Guest editor
When two worlds go to war  
Guest editor Michael Hopkins of Pinsent Masons examines what happens when two worlds collide –adjudication and payment. Which has the upper hand?

Legislation state of play table
Our regular round up of the progress of legislation affecting construction passing through the EC and UK legislative systems from Clyde & Co. Tim Axtmann and Nathaniel Horrocks-Burns provide a commentary on the apprenticeship levy.

Reports from the courts 
Our regular round up of court decisions comes from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP includes a case highlighting that mutual indemnity or exclusion clauses between equal parties are likely to be upheld; and an appeal against an arbitration decision relating to interest payment.

Contracts monitor
List of defined terms needed  
Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his analysis of the RIBA Concise Building Contract 2014, warning that further explanation of terms used in relation to insurance is needed.

Dispute avoidance
Early warning and early resolution 
A technology platform based early warning system for spotting potential disputes and resolving them before they have time to fester – science fiction? Martin Burns, Head of Alternative Dispute Resolution Research and Development at the Royal Institution of Chartered Surveyors and Edward Moore, Chief Executive of ResoLex, insist it is fact and will be available this year.

Procurement
The new rules on tendering for concession contracts 
Nick Pimlott and Alexandra Hackney of Fieldfisher examine new rules for tendering concession contracts that represent a regulatory sea change. The risk of legal challenges has risen, they warn.

CDM Regulations
The CDM Regulations one year on
The industry has had a year to get to grips with the revised CDM Regulations. Jane Miles of Dentons reviews the key issues that have arisen over the year and suggests how they can be dealt with.

Contracts
What makes a process plant contract different?
Simon Colegate of Weightmans reviews what it is about process plant contracts that makes them different from construction contracts. Hybrids of the two create problems, as he explains.

It’s not fair
Sean Brannigan QC and Claire Packman of 4 Pump Court analyse recent cases to ask if construction contracts can still be subject to the Unfair Contract Terms Act 1977. If even some of a party’s standard terms are incorporated, the answer could be yes.

Insurance
Professional indemnity – design and build option
Insurance expert John D Wright of JD Risk Associates explains the market for professional indemnity cover for design and build contracts. Contractors need additional clauses to ensure they are properly protected, he warns.

Alternative dispute resolution
The severability of adjudication decisions 
In our latest alternative dispute resolution series article Alex Gandhi and Rachel Chaplin of Clyde & Co examine a recent judgment that extends the principle of severability of an adjudicator’s decision.

Professional negligence adjudication pilot

Alternative dispute resolution (ADR) seems to be growing in popularity and is now available in several forms, most of which the construction sector has benefitted from, particularly adjudication. The industry remains the only sector to have had adjudication thrust upon it by legislation, but its success in construction has been noted elsewhere in the legal and business world.

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