Reports from the courts: May 2016

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP includes a case that highlights the importance of clearly allocating risk in a contract; and one where the parties failed to ensure that an  amendment was reflected throughout the contract.

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Logical pattern removes scope for lame excuses

Contracts monitor Michael Phipps, Principal of Thurston Consultants, turns to the insurance and payment clauses of RIBA’s Concise Building Contract 2014. Some prospects of withholding due payments using ‘lame’ excuses have been removed, he notes.

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Arbitrator receives apparent bias ruling

Doubts about the apparent impartiality of an arbitrator were at the centre of a recent action over his involvement in the process, as Vijay Bange of Trowers & Hamlins reports. Bias is not an issue to be raised lightly, the case demonstrates.

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Slavery a modern issue

Brett Hartley of Clyde & Co examines the new supply chain transparency reporting obligations under the UK’s Modern Slavery Act 2015. While targeting larger organisations, all tiers of suppliers operating in the construction sector are likely to feel the effects of the new reporting requirements.

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Trade union urges Scotland to back PFI buyouts

The Scottish Government could save as much as £12Bn by buying out public-private contracts for a range of schools and hospital projects, trade union for public sector workers Unison has suggested.

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Don’t miss the planning risk express!

Julie Teal and Jennifer Badham of Withers analyse a recent case that shows the advantages of having express terms clearly allocating responsibility for obtaining planning consents rather than relying on implied terms. With planning permissions, it pays to plan ahead.

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Contractor jailed for worker death

Contractor Allan Thompson has been jailed for six years after being found guilty of gross negligence manslaughter that led to the death of one worker and serious injury to another when they fell from a roof being repaired in Stockport.

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Slavery ignorance widespread

Almost two-thirds of small businesses (SMEs) are unaware of the Modern Slavery Act, according to a survey by the Chartered Institute of Purchasing and Supply (CIPS).

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MPs slam commercial skills

Public spending watchdog the Public Accounts Committee (PAC) has slammed public sector procurement skills in another scathing report – Transforming contract management: progress review – that slams the civil service for a culture that does not place ‘enough value on commercial expertise’.

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News in Brief: May 2016

The Department for Business, Innovation and Skills and the Construction Industry Training Board have won a judicial review in the High Court that attempted to challenge the legality of the CITB levy system.

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