Jurisdiction demands clear expression

Our latest alternative dispute resolution series article from Rupert Coldwell of Clyde & Co examines the implications of a TCC decision for clear drafting of adjudication provisions in contracts.

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Defect or damage – a definition issue

Insurance expert John D Wright of JD Risk Associates examines the cover currently available for defects in the insurance market. The difference between the legal meanings of ‘damage’ and ‘defect’ might be greater than thought, he warns.

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Alliancing thriving post recession

In the second part of her article on alliancing Cecily Davis of Fieldfisher examines some of the legal and cultural obstacles to its successful spread in construction. The thirst for this more collaborative way of working is strongly in evidence, she argues, despite a recent rise in disputes.

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BIM promotes collaboration

Following a recent BIM Working Group held by Beale & Company, Andrew Croft and Natalie Ledger identify some of the legal issues arising from the use of BIM and explore some of the methods of managing them. Collaborative contracts look like becoming more prevalent.

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Supreme Court changes limitation

Shona Frame of CMS Cameron McKenna reports on the implications of a Supreme Court decision that changes what was the Scottish position on prescription and limitation for the past 30 years. Another key change is also coming, relating to counterpart signatures.

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On-demand bonds – pay now, argue later

Daniel Cashmore of Pinsent Masons reviews the situation with on-demand bonds following a court decision that adds significantly to existing case law, and represents a departure from the approach recently adopted by the courts.

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Landmark insurance reform ahead

Paul Reed QC of Hardwicke examines how the landmark, new Insurance Act that comes into force next year is likely to impact on the construction industry. Substantial changes are being made, he warns.

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New regulations may demand new actions

Standard contracts may need to be changed to comply with the new CDM regime, as our contracts monitor Michael Phipps, Principal of Thurston Consultants, warns in this examination of the related changes made by JCT to its Standard Building Contract With Quantities 2011.

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Reports from the courts: June 2015

Andrew Croft and Simii Sivapalan of Beale & Company present our latest review of the court cases of most interest to construction, including a key ruling concerning the duty to warn; and one that cautions adjudicators against unilateral conversations with parties.

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National Audit Office briefing confirms PPP ‘has a role’

In a paper issued recently entitled ‘The choice of finance for capital investment’ the National Audit Office (NAO) looked at capital investment using public and private finance.

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