Professions under threat

More cooperation between the construction industry’s professions is needed if they are to remain relevant, according to a report from the government’s former Chief Construction Adviser Paul Morrell.

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Survey reveals ‘trust gap’

Over half of construction project owners experienced one or more underperforming projects in the previous year, despite having confidence in project planning and controls, says KPMG International’s 2015 Global Construction Project Owner’s Survey: Climbing the Curve.

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Professions need to change

A report has just been published on ‘the future of professionalism’ in construction (see news). ‘Collaboration for Change’ is in fact about the future of the professions; contractors and materials and product suppliers are outside the scope of the report and would be injured at the suggestion there was no professionalism in the industry outside the ranks of architects, engineers and surveyors.

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The dangers of refusing ADR

In our latest alternative dispute resolution series article Christopher Leadbetter of Clyde & Co reports on a High Court case that highlights the potential costs of refusing an offer to mediate.

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Clients’ rights to be strengthened

The Third Parties (Rights against Insurers) Act is being updated. Julie Teal and Suriya Edwards of Withers say its enactment will remove some significant problems for clients seeking redress from insolvent contractors or consultants.

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Longtail liability and limitation

Insurance expert John D Wright of JD Risk Associates explains the working of liability insurance policies, in particular the issues thrown up by their longtail liability nature.

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No blame culture underpins alliances

Cecily Davis of Fieldfisher looks forward to increasing investment in the UK’s creaking infrastructure and argues that a new approach to procurement is needed. A recent best practice guide suggests the way forward for an alliancing approach, she argues.

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Shifting the burden of proof

Barrister Charles Thompson of Hardwicke Chambers considers what the rights to return of adjudication moneys are following conflicting appeal court rulings. Crucially, the burden of proof in later proceedings is not altered by an adjudication decision.

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Managing design risk

Colette Morgan-Ford of Pinsent Masons examines how some standard form contracts handle design risk and warns about some pitfalls for the unwary. Careful management of these risks is essential, she cautions.

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Unwise approach costs insurer

Ann Levin and Kemi Adekoya of Herbert Smith Freehills explain the background to an appeal court ruling that is thought to be the first time it has considered the wording of a type of insurance policy in common use in construction.

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