Adjudication in 2014 – review of the year

Lawrence Davies and Louise Schubert of Pinsent Masons review some of the key adjudication cases from 2014, starting with a surprising decision on the meaning of ‘construction contract’ and ending with two important decisions concerning payment notices.

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Contract complexity should be no surprise

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Management Building Contract, where incorporating mediation has posed a problem. Finding better wording though would not be easy.

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Reports from the courts: March 2015

In our regular round up of cases of most interest to construction Andrew Croft and Jennifer Webb of Beale & Company report on a decision that provides guidance on the definition of ‘construction operations’; and one that shows the importance of speedy reaction when an employer fails to serve a pay less notice in time.

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CDM 2015: the end of the CDM co-ordinator…

With new CDM regulations currently awaiting parliamentary approval and set to come into force on 6 April 2015, draft guidance on their application was published by HSE on 9 January 2015.

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State of play table 197

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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When is a conflict not a conflict?

Conflicts of interest are a hot topic in adjudication and in international arbitration, says guest editor Shona Frame of MacRoberts, who examines the advice given on what exactly constitutes a conflict. If it looks like a conflict, it probably is, she suggests.

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Legal terms explained: Letters of intent

A letter of intent usually expresses an intention to enter into a contract and, meanwhile authorises a party to carry out various activities for which the party will be entitled to payment under the letter of intent.

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News in Brief: March 2015

The Scottish government is launching a consultation on changes to public procurement rules arising from three new EU Directives concerned with Public Procurement, Concessions and Utilities contracts that must be implemented into new Scottish regulations by 18 April 2016.

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Late payment consultation

The Department for Business Innovation and Skills has launched a consultation on plans to bring in new laws to tackle late payments that includes giving industry trade groups powers to challenge unfair practices.

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New procurement rules in force

The implementing legislation for giving force to the new EU public sector procurement regulations was laid before Parliament on 5 February, with the new rules taking effect from 26 February.

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