Adjudication – one at a time please!

Digby Hebbard of Trowers & Hamlins warns that only very serious breaches of adjudication rules are likely to support successful challenges to decisions, as the Technology and Construction Court confirmed in a recent case.

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NEC heads East

Singapore based Tia Starey of Clyde & Co assesses the prospects for the spread of the use of the NEC suite of contracts in Asia. Adoption of a standard form construction contract in the region may not be that far away, she suggests.

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It’s not personal … it’s strictly business

Allocation of risk is a key factor in contract negotiation, which is often under appreciated, says Michael Conroy Harris of Eversheds in this analysis of the key factors to be considered. Different contract forms deal with risk differently, he warns.

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Red card for witness coaching

Ann Levin and Sean Whitham of Herbert Smith Freehills review recent cases that illustrate the dangers of taking an incorrect approach to preparing witnesses for court. Coaching is forbidden, but over preparation can also backfire, they warn.

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New arbitration guidance

In the latest of our series of alternative dispute resolution articles Alexander Whyatt of Clyde & Co examines the circumstances in which an agreement to arbitrate survives a contract becoming invalid or void.

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Budget 2013

Chancellor of the Exchequer, George Osborne, announced the government’s spending plans in its 2013 Budget on 20 March 2013.

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State of play table 182

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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Legal terms explained: Collateral warranties

The common law doctrine of privity of contract provides that as a general rule only a party to a contract can sue to enforce rights and obligations under it. Sometimes, however, the parties to a contract agree that a third party should be able to enforce its terms, because the third party has an interest in that contract.

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No clarity in procurement plans

Lack of clarity in government construction procurement plans has been heavily criticised by the influential parliamentary Public Accounts Committee (PAC) of MPs.

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Blow for private finance

Private finance has been downgraded as a procurement route for the England and Wales school building programme as the government turns to more traditional capital funding for some £1.3 billion of projects.

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