Review of the year in Scotland

 Shona Frame and Madeleine Young of CMS review the main events in construction law in Scotland during 2015. A highlight was a rare example of an NEC contract being considered by the courts.

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Payment issues clarified

Doug Wass of Macfarlanes LLP welcomes the clarity on interim payments provided by recent court decisions. Pay less notices that set out a revaluation of work are valid, employers will be pleased to learn.

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Get with the programme!

Is incorporating the programme into the construction contract a good idea? VanWyck Johnson of Clyde & Co warns perhaps not, in this analysis of the value of effective programming.

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Insolvency Rules vs arbitration – which prevails?

Vijay Bange of Trowers & Hamlins  analyses a dispute involving an insolvent contractor that provides guidance on whether the Insolvency Rules or an arbitration clause should apply. Arbitration prevailed so check your contract documentation, he urges.

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Litigation to fall under new Insurance Act

Insurance expert John D Wright of JD Risk Associates looks at the new Insurance Act coming into force this year, which should help policyholders and reduce litigation. The courts face a lengthy job of interpretation however.

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RICS and the Goldilocks principle

In our latest alternative dispute resolution series article David Owens of Clyde & Co examines the new, hopefully faster, arbitration service from the RICS.

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Turnover to guide safety fines

Turnover of companies accused of health and safety and corporate manslaughter offences will be taken into account by courts under new ‘definitive guidelines’ for sentencing from the Sentencing Council for England and Wales.

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New projects authority

Infrastructure UK (IUK) and the Major Projects Authority (MPA) are to merge to form the Infrastructure and Projects Authority (IPA), bringing the government’s major project expertise under one body for the first time.

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Illegal worker clampdown

Construction has been targeted in a Home Office drive to catch illegal immigrants working on sites.

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News in Brief – December 2015

A new online filing and document management system is now available for use by parties litigating in the Rolls Building, which includes the Technology and Construction Court. The new system – Court.CE File – was piloted by the TCC over summer 2015. CE File can be accessed at ce-file.uk

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