Reports from the courts: March 2014

In our latest review of the recent court cases of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on an appeal court decision that turned on whether a surveyor or contractor should be responsible for assessing suitability of properties for insulation; and on a Scottish decision with implications for interpreting net contribution clauses.

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Get it in writing message often ignored

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the changes in the JCT Management Building Contract from the 2008 version. The problem of failing to get things ‘in writing’ still exists, he warns.

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Duties of care – how far do they stretch?

Claimants frequently seek to stretch the concept of duty of care to make out their case. Tom Handley of Hill Dickinson analyses a recent appeal court decision that provides guidance on the extent to which this might be permitted.

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Danger of over wide liability limits

Tom Pemberton and Ibaad Hakim of Beale and Company analyse a case that should be closely studied by drafters of clauses relating to liability and risk allocation in construction contracts. Widely drafted limits on liability might not find favour in the courts.

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Jackson reforms: the sky is not falling … yet

Michael Wheater of Hardwicke Chambers assesses the impact of the Jackson reforms which were introduced from April last year, with attention so far focussing on costs. But other important changes were introduced at the same time to the way litigation is conducted, he argues.

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Mediation – advantages and disadvantages

Mediation has often turned out to be a comparatively expensive option for solving construction disputes, but Ken Salmon of Weightmans says there is still much to commend it.

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Anatomy of a Scottish court decision – unravelling the mysteries

Scotland has its own legal system, as is well known, but few non-Scots lawyers appreciate the different ways things are done in the country’s courts. Shona Frame and Kate Moffett of MacRoberts aim to put that right in this anatomy of a Scottish court decision.

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Old policies, new claims

Insurance expert John D Wright of JD Risk Associates examines problems with liability insurance, some of which have been created by the growth of a ‘compensation culture’.

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Harsh ruling for contractors

The latest article in our alternative dispute resolution series from Will Cooper and Rachel Chaplin of Clyde & Co considers a challenge to enforcement of an adjudication where a successful party is caught up in ongoing winding up proceedings.

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