News in brief: July 2013

London Underground (LU) says it intends to adopt new procurement methods that will mean it takes on more construction risk rather than leaving it with its current Tier 1 contractors.

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Judicial review changes

Changes have been made to the judicial review system to prevent it being used as a ‘cheap delaying tactic’ by objectors to infrastructure schemes.

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New RIBA Plan of Work

The 50-year-old RIBA Plan of Work has been updated following a comprehensive review to bring it up to date with contemporary construction practice.

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Protocol promotes dispute delays

Construction disputes are taking longer to resolve globally, continuing a trend which has seen the average time taken to resolve rise from 9.1 months in 2010 to over a year in 2012.

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Big projects mean big disputes

While the UK government dithers and delays over the precise shape and size of its infrastructure plans – we must take it on trust that it will eventually come up with some appropriate to a modern industrialised economy – the rest of the world’s major economies are getting on with developing their own.

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Where human rights impinge on enforcement

Guest editor Shona Frame of MacRoberts says the uncertainty generated by a Scottish court acceptance of a challenge to an adjudication enforcement on human rights grounds may deter parties from using adjudication.

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Reports from the courts: June 2013

Our regular look at the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on an appeal court reversal of a high court ruling on a case turning on ‘good faith’; and another showing the difficulties of recovering money from employers when contractors are insolvent.

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Take care with checking

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Practice Note on tendering, looking at the sections detailing the importance of observing proper procedures if successful challenges from losing tenderers are to be avoided.

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Risk and responsibility in contracts

Insurance expert John D Wright of JD Risk Associates examines the often thorny issues surrounding the principle of subrogation which, although simple in theory, often gives rise to complex issues in modern business situations.

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Making a mark on construction

CE Marking for products is introduced to UK construction from 1 July and becomes law immediately. Oliver Brooks and Sarah Taylor of Pinsent Masons spell out the legal obligations that will be imposed and what the consequences for failure to comply with the new rules will be.

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