Reports from the courts: April 2014

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Robert Read of Beale & Company who focus on a case where a main contractor would not allow a sub-contractor access to its own documents; and one where an adjudicator’s appointment was ruled invalid.

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Changes not as easy as they look

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of changes to the JCT Management Building Contract. Most changes are welcome rewording and reordering of clauses; but changes forced by the Construction Act are another matter, he warns.

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Whose claim is it anyway?

What status does an adjudicator’s decision have in subsequent litigation? James Bowling and George Woods of 4 Pump Court find confl cting answers in their analysis of two recent appeal court decisions.

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Construction swings in the Sultanate

Many UK contractors and consultants are busy with projects in the booming Oman market and others will be eyeing the prospects. David Courtney-Hatcher of Dentons warns about contracts of a type not seen since the 1970s, but sees improvements under way.

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Project bank accounts on target

Project bank accounts have become widely used in public sector construction since their introduction just over four years ago. Alexander Whyatt of Clyde & Co finds much to commend their use by the private sector as well.

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When multiple standards apply

Michael Mendelblat and Robin Wood of Herbert Smith Freehills examine a rare case involving professional negligence allegations against a multi-disciplinary design consultant. Less unusually, expert witnesses came in for a slating from the court.

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Policy shifts support litigation funding

Third party litigation funding is not new, but although historically frowned upon it is becoming more acceptable and popular. Vijay Bange of Trowers & Hamlins reviews the current state of play regarding sources of litigation funding.

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Notification procedures under scrutiny again

Insurance expert John D Wright of JD Risk Associates examines a recent case involving a professional indemnity claim against a solicitor that highlights problems concerning notification of claims that also bedevil construction professionals.

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Robust, not irregular

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co reviews a recent court decision that sheds light on how high the bar is set for appeals on grounds of serious irregularity in arbitrations.

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New e-disclosure protocol for the TCC

Our guest editor slot is taken by Dom Lacey and Richard Adams of Eversheds who welcome the Technology and Construction Court’s new e-disclosure protocol as a huge leap in the right direction.

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