Fraud warning

Insider fraud is a bigger problem in companies in construction than in other industries and six out of ten construction, engineering and infrastructure businesses were affected by corruption in the last 12 months, according to an Economist Intelligence Unit (EIU) survey.

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Waiting for the Act to bite

Guest editor Stephen Barnfield of Hill Dickinson assesses what impact the Corporate Manslaughter and Corporate Homicide Act 2007 and the Health and Safety (Offences) Act 2008 have had on construction.

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Reports from the courts: October 2012

Our regular round up of court decisions of most relevance to construction comes from Will Buckby and Andrew Croft of Beale and Company and looks at a TCC case that underlines the importance of clear drafting of settlement agreements; and another highlighting the difficulties of making a CPR Pt 8 application during an adjudication.

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Calling projects to account

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the JCT’s Project Bank Account documentation, which can be used with all JCT standard forms and on any size or type of project.

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A new leading authority?

What is said to be one of the most significant decisions of the Technology and Construction Court in recent years, in a case with fees of some £10 million and described by the judge as ‘full-blooded conflict’, is examined by Gurbinder Grewal of SNR Denton. Important guidance on concurrent delays, global claims and the use of formulae in claims was gained.

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Care needed with settlement terms

In the first of a two part article, Holly O’Brien, Matthew Shotton and Shaun Livingston of Berrymans Lace Mawer draw on recent cases to provide guidance to those preparing final account agreements and otherwise settling claims outside of formal proceedings.

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Boost for transparency and trust

Project Bank Accounts look like looming large on public sector projects although their legal basis has yet to be examined in court. Tony Dymond and William Glynn of Herbert Smith highlight potential pitfalls.

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Legal privilege – are you covered?

Andrew Jones of SNR Denton reviews recent cases that have given guidance on whether legal privilege attaches to documents produced by experts and claims consultants; it might, but be careful not to inadvertently waive it, he warns.

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Product liability – is a building a product?

Insurance expert John D Wright of JD Risk Associates explains product liability risk, which should be of concern to designers and contractors as well as manufacturers of products used on a project.

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Construction disputes – market trends

Vijay Bange of Trowers & Hamlins takes a detailed look at the findings of the recent EC Harris study on construction disputes worldwide. The UK needs to respond to the revelation that failure to administer the contract properly is the most common cause of disputes.

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