Construction law in 2013 – a review

Shy Jackson of Pinsent Masons highlights the key themes and decisions affecting construction law during 2013, with a detailed consideration of the year in adjudication and a review of developments in Scotland following in separate articles.

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The year in adjudication

Lawrence Davies and Michael Cottrell of Pinsent Masons review some of the key adjudication cases from 2013, including a judgment drawing collateral warranties into the adjudication arena and a surprising Court of Appeal judgment on limitation periods for challenging adjudicator decisions.

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Review of construction law in Scotland 2013

Shona Frame of MacRoberts reviews the main construction law related developments in Scotland during 2013. The principal themes in a busy year included developments related to public sector procurement and issues arising from insolvency.

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Perseverance pays

Pasquale Pisanelli and Will Buckby of Beale & Company analyse a judgment that gives rare guidance on whether costs incurred in enforcing an arbitration award

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Raising the liability cap

Ann Levin and William Glynn of Herbert Smith Freehills analyse a recent judgment that has implications for a range of issues including termination. The judgment also gives useful guidance on managing a project that is not going well.

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Surveyors need correct quantity of cover

Insurance expert John D Wright of JD Risk Associates explains what professional indemnity cover for quantity surveyors is available in the market. Care needs to be taken when early designs are novated, he warns.

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Silence is not golden

Failing to respond to an offer to mediate can be regarded as unreasonable behaviour by the courts, as David Owens of Clyde & Co argues in our latest alternative dispute resolution series article.

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Extending nationally significant infrastructure projects planning regime

The Planning Act 2008 provides for a streamlined authorisation process for nationally significant infrastructure projects (NSIP). Recent changes will provide developers of substantial business and commercial projects with the option of having projects considered through that process.

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State of play table 187

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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Legal terms explained: Subject to contract

The term ‘subject to contract’ is usually used by parties to contract negotiations to confirm that further negotiations are contemplated and to ensure that no contract is formed.

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