Reports from the courts: November 2013

Our round up of court decisions and rulings from Andrew Croft and Will Buckby of Beale and Company focuses on one that confi rms set-off cannot be laid against sums awarded to be paid by an adjudicator; and one which sheds light on whether collateral warranties are contracts for the purpose of adjudication.

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The Armitt Infrastructure Review

On 5 September 2013 the Labour Party released Sir John Armitt’s review of UK infrastructure, recommending the creation of a National Infrastructure Commission and a formal, structured process through which that Commission would review the United Kingdom’s infrastructure needs for the next 25 to 30 years.

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State of play table 185

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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Beware the familiar

Ed Freeman and Rachel Chaplin of Clyde & Co work their way through the sometimes convoluted development of the law relating to liquidated damages, asking whether there is a new test of commercial justifi cation for upholding them.

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Recovering lost adjudication costs

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co reports on a court decision which confirms that the costs of a ‘lost’ adjudication can sometimes be recovered.

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Legal terms explained: Force majeure clauses

Force majeure clauses appear in standard form construction contracts. Th e JCT form, for example, uses this term as a relevant event but it is not defi ned. FIDIC provides a non-exhaustive list of examples and NEC uses the term prevention for what is eff ectively force majeure.

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News in Brief: November 2013

Clients involved in a London domestic property conversion during which a worker died in a trench collapse have been sentenced at Woolwich Crown Court.

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Safety double whammy

Over half of site personnel involved in visits by Health and Safety Executive (HSE) inspectors have never heard of the Fee for Intervention (FFI) scheme that can lead to significant financial charges if safety breaches are found, according to a client survey by DAC Beachcroft.

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Adjudication award stayed

The Technology and Construction Court has given contractor John Graham Construction a stay of execution over an adjudication award to cladding sub-contractor Pioneer Cladding because the subcontractor is in financial difficulties.

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Private finance template

New standard legal documents have been published by the Treasury that set out how it wants private finance projects to operate, following a consultation exercise.

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