Reports from the courts: March 2013

Our regular round up of the court decisions of most interest to construction from Will Buckby and Ibaad Hakim of Beale and Company focuses on a case concerning liability for the failure of an under designed platform; and another where an adjudicator changed his mind.

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Reality checks a good idea

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT’s new guide to tendering procedure, which suggests some additions that could be made in the next Construction Act revision.

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PF2 – A new beginning for PFI?

Tom Pemberton and Pasquale Pisanelli of Beale and Company outline reforms to the private finance initiative, PF2, that are hoped to generate increased infrastructure investment. Although the new regime is in use for school building, doubts remain whether they will attract investment funds.

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Consistency on-demand or guaranteed?

Kirstin Bardel of Ashurst takes a detailed look at a recent Court of Appeal decision in relation to the differences between on-demand bonds and guarantees, and considers its implications for construction.

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Why collaborate?

Collaborative working is an industry holy grail, and much has been done to promote it, says Shona Frame of MacRoberts. But among the many success stories, there are some cautionary tales.

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Costs reforms may be much ado about nothing

New Civil Procedure Rules affecting costs in the Technology and Construction Court come into effect from 1 April. Hamish Lal of Jones Day says they may not have as big an impact as expected.

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Fun and games with FIDIC DABS

The operation of Dispute Adjudication Boards under FIDIC contracts is analysed by Michael Stewart of Pinsent Masons. Jurisdiction and enforcement issues are increasingly arising despite their being apparently straightforward, he warns.

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‘Caused’ by the works

Insurance expert John D Wright looks at the tricky area of third party property cover, in particular contractors’ liability for damage to adjacent property during works, explaining what underwriters will be asking questions about.

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Pay when enforceable

Rachel Chaplin of Clyde & Co analyses the wider implications of an appeal court ruling that could result in adjudicators not being paid when decisions are unenforceable, in the latest of our alternative dispute resolution series.

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State of play table 178

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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