Six year adjudication limitation confirmed

The Supreme Court has upheld an appeal court decision that a party seeking repayment of sums paid following an adjudication award against it has six years from the date of payment to do so.

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Contract administration not good enough?

Some good news for UK construction comes out of the latest Arcadis survey of disputes worldwide, the fifth in an annual series. The survey finds that parties to UK construction contracts are proving to be more willing to negotiate settlements to disputes before they reach court and the courts are managing to control the costs of those actions that go ahead.

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Costs can put the brake on arbitration

In our latest alternative dispute resolution series article David Owen of Clyde & Co examines a case that shows the willingness of the courts to tackle disputes even where an arbitration agreement was set out in the contract.

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No blacklisting compensation for agency workers

Compensation for blacklisting may not be available for agency workers with no employment contracts with main contractors, Madeleine Thomson of Hamlins says in this report on a key employment law case.

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Contract works – cover for existing structures

Insurance expert John D Wright of JD Risk Associates looks at the cover available for contract works. Existing structures need separate cover but it is not always clear what constitutes an existing structure, he warns.

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Prospective loss in action

Losses have not always fully crystallised by the time that formal dispute resolution proceedings are commenced. Kate Hencken and James Pickavance of Eversheds look at the difficulties in recovering prospective loss and give practical tips for doing so.

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Making CDM work in practice

Rachel Chaplin of Clyde & Co takes a searching look at how the new Construction (Design and Management) Regulations will work in practice. Architects will often have to accept that they are best placed to assume the duties of principal designer.

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Caution required with early handover

Early handover is a feature of some refinery and petrochemical sector contracts that construction parties might envy. Justine Ayto of Herbert Smith Freehills flags up some reasons for caution when such a strategy is used.

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New RIBA contracts – approach with caution

Julie Teal and Jennifer Badham of Withers scrutinise new building contracts from RIBA and find some drafting anomalies, particularly with dispute resolution and assignment clauses, that parties should consider amending.

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Deletion masks changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the changes to JCT’s Standard Building Contract with Quantities, focusing on changes made necessary by the revised Construction (Design and Management) Regulations.

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