Reports from the courts: July 2013

In our latest review of the court cases of most interest to construction Charlie Aitchison and Will Buckby of Beale and Company find confirmation that contracts will be construed by the courts in their entirety in a TCC decision; and a case which may give cause for concern over enforcing large scale adjudications in Scotland.

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Growth and Infrastructure Act 2013

The Growth and Infrastructure Act 2013 received Royal Assent on 25 April 2013 and according to a government press release, introduces reforms ‘to reduce the bureaucratic barriers that stop British businesses from successfully creating economic growth and local jobs’.

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State of play table 183

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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Moving with the times

Guest editor Andrew Croft of Beale & Company reviews the new edition NEC3 suite of contracts which, although welcomed, could have gone further, he argues. An NEC Alliancing Contract could be in the offing.

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Legal terms explained: Liquidated damages

Contracts in the construction industry are often complex and lengthy documents and inevitably give rise to equally complex and lengthy disputes.

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News in brief: July 2013

London Underground (LU) says it intends to adopt new procurement methods that will mean it takes on more construction risk rather than leaving it with its current Tier 1 contractors.

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Judicial review changes

Changes have been made to the judicial review system to prevent it being used as a ‘cheap delaying tactic’ by objectors to infrastructure schemes.

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New RIBA Plan of Work

The 50-year-old RIBA Plan of Work has been updated following a comprehensive review to bring it up to date with contemporary construction practice.

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Protocol promotes dispute delays

Construction disputes are taking longer to resolve globally, continuing a trend which has seen the average time taken to resolve rise from 9.1 months in 2010 to over a year in 2012.

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Big projects mean big disputes

While the UK government dithers and delays over the precise shape and size of its infrastructure plans – we must take it on trust that it will eventually come up with some appropriate to a modern industrialised economy – the rest of the world’s major economies are getting on with developing their own.

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