Reports from the courts: October 2015

Andrew Croft and Simii Sivapalan of Beale & Company present our regular round up of the court cases of most interest to construction, including the first Supreme Court ruling affecting adjudication; and a Scottish Court of Session decision giving guidance on the incorporation of documents into a construction contract.

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State of play table 203

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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Retention redux

Guest editor Marion Rich, Director of Legal and Contractual Affairs at the British Constructional Steelwork Association, says the anti-retentions battle goes on, but that the moneys withheld need urgent protection against insolvency.

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Legal terms explained: Without prejudice and the interpretation exception

Without prejudice and the interpretation exception If a statement is made in a genuine attempt to settle an existing dispute (whether in writing or orally) then it is considered ‘without prejudice’.

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News in Brief: October 2015

A new online tender system has been launched in Northern Ireland to make it easier for companies to submit tenders for government contracts. The eTendersNI portal will be the principal source of information for public sector tender opportunities in Northern Ireland, replacing a previous portal, Sourcing NI.

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PBAs cut contract costs

Highways England (HE) has let contracts valued at a total of over £10bn on projects using Project Bank Accounts (PBAs) in the last three years, the road operator reports.

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New highways contract launch

A groundbreaking new suite of resources to help simplify and standardise the way Local Highway Authorities procure highway services and manage their term maintenance contracts, has been produced by the Highways Maintenance Efficiency Programme (HMEP).

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Late payment hidden cost revealed

Main contractors admit to taking over 75 days to make payments in a survey by construction software specialists Textura Europe.

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Squaring the corruption circle

The World Bank is not an institution with a reputation for being a leading light in much outside banking, although it is acknowledged as being well stocked with very bright and highly educated people. One of its economists has just hit the headlines for providing a new proof of Pythagoras’ theorem – the one about isosceles triangles (check Wikipedia if you need to know more).

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Benefit banned from own breach

In our latest alternative dispute resolution series article Russell Banfi of Clyde & Co reports on a rare TCC consideration of an arbitration arising out of a dispute under a FIDIC form of contract.

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