A risk worth taking?

A new year always brings some new problems, although the focus is usually still on the old problems left unsolved from the previous years. Infrastructure procurement is a perennial issue for the UK, but there are some new moves being made to address the issues.

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News in Brief – January/February 2016

The revised Construction Adjudication Practice Guideline for the Jurisdiction of the UK Construction Adjudicator became effective from 1 January 2016.

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Penalty clauses

Legal terms explained

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Un-Belize-able: the diminishing role of commerciality

Parties will have to live and die by the wording of their contracts following an apparent Supreme Court volte-face on how contract terms are to be determined, warn guest editors Rachel Ansell QC and Matthew Thorne of 4 Pump Court.

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State of play table 206

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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Merger creates new projects authority

The government has announced that at the start of 2016 of Infrastructure UK (IUK) and the Major Projects Authority (MPA) will merge, uniting in one body the government’s expertise and knowledge of managing and delivering major economic projects.

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Reports from the courts: January 2016

Our round up of the key court decisions affecting construction from Andrew Croft and Simii Sivapalan of Beale & Company, includes a case highlighting that a limitation clause does not remove liabilities to all parties on a contract; and another where a court considered the late payment provisions of the ‘Construction Act’ where insolvency was a risk.

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Mixing tenses has no place in contracts

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the RIBA Concise Building Contract 2014. Some curious wordings leave some questions unanswered, he finds.

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Key adjudication questions still unanswered

Last year was a busy one for adjudication cases coming to court. Lawrence Davies and Matthew Friedlander of Pinsent Masons review some of the key cases and the future impact they will have.

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