JCT details released

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Natural justice appeal fails

The Technology and Construction Court (TCC) has supported an application to enforce an adjudicator’s decision in a £10 million dispute over works at an unnamed UK gas power plant. 

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Common sense test applied

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News in Brief: March 2016

Contractors are being advised by Build UK to take care when using two forms of contract published by the Royal Institute of British Architects (RIBA) due to concerns over the balance of risk between the parties.

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Reports from the courts – March 2016

Our regular round up of the key court decisions affecting construction comes from Andrew Croft and Simii Sivapalan of Beale & Company, including an appeal court decision relating to pay less notices; and one highlighting that the wording of limitation and exclusion clauses should be considered carefully when entering into appointments.

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The smash and grab TCC: a case of lost direction?

‘Smash and grab’ adjudications may be undermining the cash flow aims of the Construction Act in favour of unscrupulous contractors, but the Court of Appeal may have provided an opportunity for a brave employer to overturn this, says guest editor Richard Booth of Holman Fenwick Willan.

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Omission not good enough

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of RIBA’s Concise Building Contract. Among the problems found are some opaque sections, potentially problematic omissions, and meetings whose agreements might conflict with contract terms.

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Expected legal and litigation trends in 2016

Barrister David Pliener of Hardwicke Chambers looks into his crystal ball and ponders what 2016 might hold for construction law. He asks whether costs will drive litigants away from the courts. Prepare for an imminent battle over the Pre-Action Protocol, he warns.

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Arbitration: a new beginning?

The RICS has launched a new service that aims to provide a more cost effective approach to arbitration. Shy Jackson of Pinsent Masons, a member of the working group that devised the new service, explains how it works and the continuing attractions of arbitration, 20 years after the Arbitration Act.

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Approaching BIM – a legal perspective

Building Information Modelling (BIM) will be compulsory on public sector projects from April, but is the industry ready? Perhaps not fully, but Andrew Croft and Will Buckby of Beale & Company find that the UK is an international leader in BIM take-up in this review of where construction has got to.

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