Soft landings – will we be ready?

Guest editor Shona Frame of MacRoberts looks at the proposed Government Soft Landings which is proceeding hand in hand with Building Information Modelling. New contracts will be needed but as yet there is little sign of any contractual documentation being put in place.

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The Infrastructure Bill 2014

The Infrastructure Bill, to be introduced in the 2014–15 Parliamentary session, is wide ranging in scope and those involved in projects and construction will feel its impact in numerous ways.

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State of play table 192

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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Reports from the courts: August 2014

In our regular round up of court decisions of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on a rare example of a partnering agreement being examined in court; and on a Scottish court ruling on enforcing an adjudicator’s decision.

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Suspension rights little changed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the Pay Less Notices of the JCT’s Management Building Contract 2011. Protections against abuses such as delaying payment to the Contractor on the pretext that a certificate has not been issued have been strengthened.

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Variations on a theme

Michael Sergeant of Holman Fenwick Willan, the co-author of the recently published book Construction Contract Variations, considers the importance of variation instructions and how and why a contractor may seek to claim payment for additional work outside the formal contractual mechanism.

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BIM: a great opportunity being wasted?

With less than 18 months to go before roll out of plans for Building Information Modelling to be used on all government projects, Charles Tomlinson of Weightmans reviews progress so far. Some fundamental changes still have to take place to give BIM a fighting chance, he concludes.

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Giving credit where it is due

Luke Wygas of 4 Pump Court reports on a shipping case that has relevance for construction disputes over breaches of contract that result in windfall gains for claimants. Considerations of justice will shape a court’s view on whether defendants should share the benefits.

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High bar set for setting aside arbitration orders

Vijay Bange of Trowers & Hamlins reviews a case highlighting the need for parties wanting to refer a dispute to arbitration to make sure that they follow the applicable rules correctly and ensure that details of the other party are accurate. A lot of time, money and effort might otherwise be spent.

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House of Lords’ ruling needed

Insurance expert John D Wright of JD Risk Associates explains the insurance view on economic loss and explains why collateral warranties may be needed to cover for some losses. Contradictory case law will be generated until there is a House of Lords’ ruling, he predicts.

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