UK Green Building Council publishes ‘Building Zero Carbon – the case for action’

In February 2014 the UK Green Building Council (UKGBC) published its report entitled ‘Building Zero Carbon – the case for action’, drawn up by a panel of construction and property experts.

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State of play table 190

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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Reports from the courts: May 2014

Our regular review of the cases of most interest to construction comes from Will Buckby and Andrew Croft of Beale and Company, with the focus on an appeal court ruling in a case concerning order of precedence clauses; and another suggesting that relying on claims for extensions of time for serving claims forms can mean ‘dicing with procedural death’.

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That’s the contractor’s responsibility

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his inspection of the JCT’s revisions to its Management Building Contract. Changes have removed some long winded wordings.

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What is the effect of a failed assignment?

Michael Douglas QC of 4 Pump Court analyses a recent court decision relating to non-assignment clauses and declarations of trust. Use clear wording in contracts if you want to rely on declaring a trust to avoid a non-assignment clause, he advises.

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Alliancing still to be tested

Ben Mullard and Pasquale Pisanelli of Beale and Company review the development of the alliancing model and consider some of the ongoing issues that might need to be addressed. Can the traditional contracting mindset be completely left behind?

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Judges given greater discretion over injunctions

Guy Willetts of Trowers & Hamlins analyses a Supreme Court ruling that has widened the discretion given to judges to decide whether damages should be awarded instead of an injunction in cases where property rights are infringed.

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Adjudication limitation: a spectre of uncertainty

Andrew Batty of Pinsent Masons reports on conflicting Court of Appeal rulings that bear on the question of limitation periods. While the resulting uncertainty persists, at least one of the rulings should not be relied on, he warns.

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Employee or independent contractor?

Insurance expert John D Wright of JD Risk Associates casts his eye over who is regarded as an ‘employee’ under employers’ liability insurance policies. In case of doubt over employment status, insurers like to see both employers’ and public liability policies in place.

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Who owns what?

Contractor insolvencies are expected to continue as the economy recovers from recession. Michael Bennett of Weightmans reviews how the courts regard title to materials and equipment already delivered to site when a contractor goes bust.

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