Judges tiring of the inexpert

Judges are increasingly intolerant of the performance of expert witnesses who don’t come up to scratch. Ann Levin and Sean Whitham of Herbert Smith Freehills review recent cases where the role of experts has been criticised.

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Damage to the contract works – the consequences

Following up his previous article on contract works policies, insurance expert John D Wright of JD Risk Associates looks in detail at consequential losses which are always excluded from cover under these policies.

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Failure to insure not an option

Refurbishment is proving popular as developers struggle to raise finance for new developments, which has led to an increasing take up of ‘Option C’ contractors all risks insurance. Kate Wansbrough-Jones and Poppy Weston-Davies of Olswang explode some misconceptions about what ‘Option C’ cover actually is.

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Dispute resolution leads to dispute

In our latest alternative dispute resolution series article Paul Morgan of Clyde & Co takes a look ‘down under’ at a dispute over a project that had an apparently creditable ADR scheme in place, but where the parties ended up in court about how to operate it.

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A NECessary evil?

Guest editor Vijay Bange of Trowers & Hamlins welcomes signs that the government is ending its commitment to the monopoly use of the NEC3 suite of contracts on government contracts. They are not suitable for all projects and are sometimes diffi cult to understand and use, he argues.

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Reports from the courts: November 2012

Our latest round up of the court decisions of most relevance to construction comes from Will Buckby and Andrew Croft of Beale and Company, and includes an enforcement of a decision of an adjudicator who had ‘little grasp’ of the subject; and a case highlighting the need to draft indemnities properly.

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Contractors take interest

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT Project Bank Account Documentation 2010. In spite of its defects, it provides a logical way for PBAs to be set up and operated, he finds.

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Getting the most out of the NEC

After nearly 20 years, the NEC is now firmly established as a contract of choice on construction and engineering projects. Michael Conroy Harris of Eversheds charts its development and predicts what the future holds for it.

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Constructing good faith

Thomas Andrews of Pinsent Masons examines the increasingly common ‘good faith’ type clauses that are appearing in construction contracts as the industry tries to move towards more collaborative working methods. Despite reluctance, the courts are having to grapple with what such terms actually mean.

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Spotlight on letters of intent again

In a follow up to a recent article on letters of intent Will Buckby and Andrew Croft of Beale and Company consider a more recent case that underlines the wisdom of their earlier advice to agree final contract terms as early as possible.

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