Reports from the courts: March 2011

In our regular round up of the court decisions of most relevance to construction, Professor Michael Furmston of Bristol University focuses on a dispute that highlights the potential pitfalls of amending standard form contracts.

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Incoterms 2010

Incoterms, or to give them their proper name, the International Commercial terms, are a series of international sales terms produced and published by the International Chamber of Commerce (ICC). They are widely used in international commercial transactions.

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State of play table: 158

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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State of arbitration

Guest Editor Ben Mellors of White & Case says that despite the growth of adjudication, arbitration remains a key dispute resolution mechanism. It should however not be regarded as a ‘like for like’ alternative to litigation.

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Legal terms explained: Dusting-off old claims – Watch the limitation clock

It is not uncommon for contractors to resurrect old claims that, in the good times, may have been ignored in the interests of preserving commercial relationships. Before incurring the cost of pursuing these claims, however, claimants should be aware of the basic rules of limitation.

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News in brief: March 2011

Cotswold Geotechnical Holdings has become the first company to be convicted of corporate manslaughter, following prosecution over the death of geologist Alex Wright in a trench collapse.

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Risk of catastrophe

The importance of adequate risk management in avoiding catastrophic accidents in construction has been highlighted in a new report by CIRIA and Loughborough University for the Health and Safety Executive.

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Defence market opens up

Major procurement changes are under way at the Ministry of Defence, including a move to open up Defence Estates projects to smaller contractors at the same time as establishing a nationwide framework for larger projects.

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Bribery Act delayed

Business lobbying against introducing the new bribery law without adequate guidance on what behaviour would constitute an offence has led to an indefinite delay in its implementation.

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Good news on catastrophes

An important project examining what measures the construction industry has taken to avert accidents on a catastrophic scale has been carried out for the Health and Safety Executive by researchers from CIRIA and Loughborough University. The overall message is that much more needs to be done; the alarming conclusion though is that many who should know better are not doing anything.

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