Legal terms explained: Force majeure clauses

Force majeure clauses appear in standard form construction contracts. Th e JCT form, for example, uses this term as a relevant event but it is not defi ned. FIDIC provides a non-exhaustive list of examples and NEC uses the term prevention for what is eff ectively force majeure.

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News in Brief: November 2013

Clients involved in a London domestic property conversion during which a worker died in a trench collapse have been sentenced at Woolwich Crown Court.

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Safety double whammy

Over half of site personnel involved in visits by Health and Safety Executive (HSE) inspectors have never heard of the Fee for Intervention (FFI) scheme that can lead to significant financial charges if safety breaches are found, according to a client survey by DAC Beachcroft.

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Adjudication award stayed

The Technology and Construction Court has given contractor John Graham Construction a stay of execution over an adjudication award to cladding sub-contractor Pioneer Cladding because the subcontractor is in financial difficulties.

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Private finance template

New standard legal documents have been published by the Treasury that set out how it wants private finance projects to operate, following a consultation exercise.

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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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