Construction Law

Legal terms explained: Bias

22nd July 20161st November 2015

Bias The rules of natural justice dictate that every party has the right to a fair hearing before an impartial tribunal. Such rules are considered so fundamental in a fair legal system that a failure to observe them should render a decision null and void.

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News in Brief: November 2015

21st July 20161st November 2015

Siemens and Fluor have been fined a total of £650,000 with £376,000 costs for safety breaches that led to a falling wind turbine blade killing one worker and seriously injuring another while it was being loaded onto a barge at Harwich in 2010.

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Blacklisting apologies

21st July 20161st November 2015

Eight major contractors have made apologies for their role in the industry’s blacklisting scandal that has almost reached the High Court where full proceedings begin in mid 2016.

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Framework delayed again

21st July 20161st November 2015

The long delayed government consultancy framework will not now be awarded until May 2016, says the Crown Commercial Service (CCS).

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Arbitration preferred

21st July 20161st November 2015

International arbitration is the most preferred form of dispute resolution for cross-border disputes in the construction industry, according to a new survey from Queen Mary University of London (QMUL) in partnership with White & Case.

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Speedy litigation on trial

21st July 20161st November 2015

Cheaper and faster dispute resolution through the courts is the promise being held out by two trials currently under way in the Technology and Construction Court (TCC).

Squaring a jurisdictional circle

25th July 20162nd October 2015

In our latest alternative dispute resolution series article Will Cooper of Clyde & Co examines a court decision that supports the commercial purpose of contracts in deciding on arbitral jurisdiction.

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Danger danger … and the duty to warn

25th July 20162nd October 2015

Julie Teal and Suriya Edwards of Withers report on a case that offers guidance on the scope of a consultant’s duty to warn, but also touches on a range of other issues like property interests, professional team selection and health and safety.

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Excessive costs budget targeted by court

25th July 20162nd October 2015

Mark Lawrence, Senior Counsel at Macfarlanes, reports on a recent costs management related ruling that shows the determination of the courts to curb runaway litigation costs. Court management cut costs by almost 50% in the case analysed here.

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Contribution in insurance

25th July 20162nd October 2015

Insurance expert John D Wright of JD Risk Associates explains how insurance policies seek to ensure that policyholders do not profit from their insured losses. Don’t be caught out by anomalies, he warns.

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