Prospective loss in action

Losses have not always fully crystallised by the time that formal dispute resolution proceedings are commenced. Kate Hencken and James Pickavance of Eversheds look at the difficulties in recovering prospective loss and give practical tips for doing so.

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Making CDM work in practice

Rachel Chaplin of Clyde & Co takes a searching look at how the new Construction (Design and Management) Regulations will work in practice. Architects will often have to accept that they are best placed to assume the duties of principal designer.

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Caution required with early handover

Early handover is a feature of some refinery and petrochemical sector contracts that construction parties might envy. Justine Ayto of Herbert Smith Freehills flags up some reasons for caution when such a strategy is used.

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New RIBA contracts – approach with caution

Julie Teal and Jennifer Badham of Withers scrutinise new building contracts from RIBA and find some drafting anomalies, particularly with dispute resolution and assignment clauses, that parties should consider amending.

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Deletion masks changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the changes to JCT’s Standard Building Contract with Quantities, focusing on changes made necessary by the revised Construction (Design and Management) Regulations.

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Reports from the courts: July 2015

Our regular round up of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company focus on a case where there was a dispute over whose standard terms applied; and one which shows the courts’ reluctance to intervene when guarantees are called or paid.

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State of play table 201

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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Supreme Court ruling awaited

Guest editor Cecily Davis of Fieldfisher looks ahead to an appeal expected shortly against an important ruling affecting liquidated damages and asks whether the doctrine of the law should be applied against penalties in such cases.

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Legal terms explained: Liens

Liens In the broad sense a lien is the right of one person to retain possession of property of another until a claim has been met. In a construction context, a lien may give contractors and suppliers legal recourse to get paid for their work and/or any materials or supplies purchased.

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