Mediation – advantages and disadvantages

Mediation has often turned out to be a comparatively expensive option for solving construction disputes, but Ken Salmon of Weightmans says there is still much to commend it.

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Anatomy of a Scottish court decision – unravelling the mysteries

Scotland has its own legal system, as is well known, but few non-Scots lawyers appreciate the different ways things are done in the country’s courts. Shona Frame and Kate Moffett of MacRoberts aim to put that right in this anatomy of a Scottish court decision.

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Old policies, new claims

Insurance expert John D Wright of JD Risk Associates examines problems with liability insurance, some of which have been created by the growth of a ‘compensation culture’.

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Harsh ruling for contractors

The latest article in our alternative dispute resolution series from Will Cooper and Rachel Chaplin of Clyde & Co considers a challenge to enforcement of an adjudication where a successful party is caught up in ongoing winding up proceedings.

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State of play table 188

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

A collateral warranty is typically a contract between a contractor, consultant or sub-contractor (warrantor) and a third party (beneficiary) giving that third party the right to claim against the warrantor in relation to the main construction/ services contract.

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New planning court launched

Government has announced the setting up of a specialist planning court that the industry hopes will lead to a streamlined planning process and an end to delays to projects caused by meritless judicial review claims.

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Procurement reform plans published

The government has published draft guidance to encourage public sector clients to adopt new models of public sector construction procurement that are said to promote lower costs, reduce risk, encourage innovation and improve supply chain relationships.

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Adjudication injunction granted

The TCC has granted a rare injunction to prevent adjudication in a decision that is being seen as a warning about contracting based on letters of intent.

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