State of play table 205

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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Escalating without resolution?

Sharing our guest editor slot this month are Shona Frame and Kathryn Moffat of CMS who examine the increasing use of escalating dispute resolution clauses. Sometimes it might be better to cut to the chase and get proceedings under way, they argue.

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Legal terms explained: Pt 36 offers

How does a Pt 36 offer work? A party in litigation can make an offer to settle in any way it chooses, but there are often costs, interest and tactical advantages in making a formal offer to settle that complies with Pt 36 of the Civil Procedure Rules. Part 36 offers – whether made by a defendant or a claimant – can be made at all key stages in the lifespan of a dispute.

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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.

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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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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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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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Unfair definition needed

The problems of late payment and unfair contract terms and practices are felt as painfully in construction as in any other industry, perhaps more so; no other industry has yet had to have its contracts governed by legislation as construction does under the Construction Act, or had adjudication imposed on it in a bid to unfreeze a large proportion of the industry’s cash flow.

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Limitation in the context of adjudication

The latest in our alternative dispute resolution series, from Lois Putnam and Nora Zaragoza Valero of Clyde & Co, examines limitations to the ability to refer a dispute to adjudication ‘at any time’.

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Public sector payment practices fall short

Sarah Greatorex, Executive Secretary of the Specialist Engineering Contractors’ Group, describes the findings of recent surveys designed to uncover the scale of payment practice and other procurement abuses among non-central government public bodies in the UK.

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