Construction Law

New contract for rail track works

3rd August 20161st November 2014

Network Rail has collaborated with consulting engineers and contractors to produce a new conditions of contract for use on track related railway projects.

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Common procurement principles

3rd August 20161st November 2014

Common principles for public sector infrastructure procurement have been unveiled in a report from the Infrastructure Clients Group (ICG), a government-industry partnership set up under the government’s Infrastructure Cost Review.

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News in brief: November 2014

3rd August 20161st November 2014

A survey of the use of arbitration in Scotland since the Arbitration (Scotland) Act 2010 came into operation has been launched jointly by the Law Society of Scotland, Aberdeen University and legal firm Burness Paull, supported by the Chartered Institute of Arbitrators and the Scottish Arbitration Centre.

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Legal terms explained: Bilateral Investment Treaties

3rd August 20161st November 2014

Contractual disputes invariably get resolved in accordance with the contractual dispute resolution clauses. Sometimes, however, there is an alternative through the use of bilateral investment treaties (BIT). This is not always an option, but when it is a possibility it can serve a very useful function.

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Consultants – navigate your novation

3rd August 20161st November 2014

The growth of design and build has placed more risk on to consultants. Guest editor Andrew Croft of Beale and Company warns consultants to understand how to manage those risks from the outset of projects, especially when novated.

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State of play table 194

3rd August 20161st November 2014

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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Outcome of consultation on CDM regulations

3rd August 20161st November 2014

The Health and Safety Executive (HSE) has reported to its executive board on the outcome of its consultation on proposed changes to the Construction (Design and Management) Regulations 2007, SI 2007/320 (CDM 2007) which received among the highest number of responses of any consultation undertaken by the HSE.

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Reports from the courts: November 2014

3rd August 20161st November 2014

Our regular round up of the court cases of most interest to construction from Andrew Croft and Jennifer Webb of Beale & Company focuses on two appeal court rulings; one reversing a decision concerning whether certificates should be regarded as providing warranties; and another underlining the importance of careful drafting of indemnity clauses.

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Burden of proof placed on innocent parties

3rd August 20161st November 2014

Vijay Bange of Trowers & Hamlins spells out the implications of a Commercial Court decision that could mean parties failing to carry out contractual responsibilities might only have to pay nominal damages. An imbalance may have been struck between supporting arbitration awards and intervening where something has clearly gone wrong, he warns.

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