Bribery Act must show its teeth

Evidence has been coming thick and fast recently that despite the introduction of the UK’s supposedly harsh Bribery Act in 2010, corruption is still endemic in construction. Corruption is endemic in life generally, it has to be said, and in no way should construction be regarded as anything unique in this respect.

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Mediation should be a flexible process

In our latest mediation series article David Owens of Clyde & Co reports on a rare appeal court consideration of what actually happened in a mediation. The decision supports mediation as a flexible process.

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BIM – is it legal?

BIM is the one of the most recent and most exciting developments within the construction industry, says Sarah Rock of Olswang who looks at what it is and whether existing contractual documentation fully covers the changes that BIM will bring to a construction project.

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Excluding liability – know your limits

Ashley Pigott of Wragge & Co reviews recent court decisions regarding enforcement of exclusion and limitation clauses which can be viewed as undermining the ideal of freedom of contract. Care needs to be taken in drafting to avoid falling foul of the unreasonableness test, he cautions.

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The meaning of ‘damage’

Insurance expert John D Wright of JD Risk Associates explains what insurance policies mean when they mention ‘damage’. Not all damage will be insured, and defects that do not give rise to physical loss or damage might not be either.

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Beware of the budget

Vijay Bange of Trowers & Hamlins looks at how the new costs management regime has been working in practice in its first few months. A recent case sheds light on what the future is likely to hold.

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Practical tendering guidance from JCT

Russell Kostulin of Pinsent Masons outlines the main points of the JCT’s Tendering Practice Note 2012 which he finds, despite some shortfalls when dealing with quality issues, to be a comprehensive and practical guide for use during any JCT tendering procedure.

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PF2 makes uncertain progress

Robert Franklin and Rachel Chaplin of Clyde & Co review progress so far in introducing a new private finance model, PF2. Government is taking its time with the documentation of a funding model still burdened by association with the discredited PFI.

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Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over some appendices to the JCT Practice Note Tendering 2012, including model forms of the invitation to tender and the tender itself.

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Reports from the courts: October 2013

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Will Buckby of Beale and Company who focus on a case highlighting the risks to consultants of issuing certificates without due care; and a maritime dispute with analogous lessons for the use of on demand bonds in construction.

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