Good faith in English law: what does it mean?

Although there is no established legal definition of what good faith actually means, the courts now accept that good faith provisions in contracts can be enforceable. Paul Giles and Emily Walling of Eversheds explain how the courts’ view has been developing.

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Underinsurance – a constant problem

Insurance expert John D Wright of JD Risk Associates looks at the issues thrown up by failing to insure adequately. The problem seems to be widespread among consumers, but even construction companies have found themselves caught out.

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FIDIC dispute resolution system upheld

Our latest alternative dispute resolution series article, from Charlotte Davey of Clyde & Co, looks at a decision by a Swiss court that supports the multi-tiered nature of the FIDIC dispute resolution system.

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Contract suspension passes the test

Infrastructure investment may be about to take off to levels not seen in the UK for many years, but the construction industry can vouch for the fact that the much trumpeted increased workloads are nowhere to be seen yet.

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Procurement directive goes to consultation

The government has launched a public consultation on implementing the revised EU directive on public procurement, but has already dropped suggestions that contracts should have to be divided into ‘lots’ to allow smaller companies to bid for work.

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New contract for rail track works

Network Rail has collaborated with consulting engineers and contractors to produce a new conditions of contract for use on track related railway projects.

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Common procurement principles

Common principles for public sector infrastructure procurement have been unveiled in a report from the Infrastructure Clients Group (ICG), a government-industry partnership set up under the government’s Infrastructure Cost Review.

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News in brief: November 2014

A survey of the use of arbitration in Scotland since the Arbitration (Scotland) Act 2010 came into operation has been launched jointly by the Law Society of Scotland, Aberdeen University and legal firm Burness Paull, supported by the Chartered Institute of Arbitrators and the Scottish Arbitration Centre.

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Legal terms explained: Bilateral Investment Treaties

Contractual disputes invariably get resolved in accordance with the contractual dispute resolution clauses. Sometimes, however, there is an alternative through the use of bilateral investment treaties (BIT). This is not always an option, but when it is a possibility it can serve a very useful function.

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Consultants – navigate your novation

The growth of design and build has placed more risk on to consultants. Guest editor Andrew Croft of Beale and Company warns consultants to understand how to manage those risks from the outset of projects, especially when novated.

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