Disputes still growing

Thanks in part to the UK’s construction industry being so litigious, the Technology and Construction Court (TCC) has become an acknowledged world leader in the field of handling technical disputes. Information on how it goes about its work is sought by judges and others in many jurisdictions.

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Time gets a 21st Century approach

Guest editor Charlotte Heywood of Olswang, who assisted the drafters of the new CIOB Complex Projects Contract, explains the thinking behind it. It is a radical attempt to manage time, delay and its cost consequences, she argues.

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Reports from the courts: August 2012

Our latest round up of the court decisions of most relevance to construction comes from Will Buckby and Andrew Beale of Clyde and Company, focussing on a TCC decision relating to set-off against an adjudicator’s decision; and a case that highlights the dangers of using letters of intent.

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Care needed with termination

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Intermediate Building Contract with Contractor’s Design, turning his attention to the clauses dealing with termination of Named Sub-Contractors. Main contractors need to be careful to follow the exact procedures, he warns.

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How secure is your security?

Contractor insolvency is on the rise again as the industry struggles against weak workloads and falling margins. Jane Miles of SNR Denton provides a timely review of the methods of protecting against these events.

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UK Bribery Act – one year on

The first anniversary of the Bribery Act fell on 1 July. Val Surgenor of MacRoberts says although there have been no major prosecutions so far, more effective enforcement can be expected.

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Avoiding unintentional pitfalls

Disputes over letters of intent are as common as ever but, argue Will Buckby and Andrew Croft of Beale and Company, they can easily be avoided, or at least used with greater care.

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Asbestosis liability clarified

Employers’ liability insurance is in the news again and for the wrong reasons, says insurance expert John D Wright of JD Risk Associates, explaining the background to a recent Supreme Court ruling that clarifies asbestosis liability.

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Brighter later for smaller firms?

Small and medium sized firms are supposed to be main drivers of the UK’s economic growth, but public procurement processes often seem to freeze them out. Will Cooper of Clyde & Co reviews the prospects for change.

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When is a mistake a mistake?

Standing by silently and watching a party to a contract make a mistake might not work to your benefit, warns William Cursham of Gateley in this report on a case where one party escaped punishment despite its casual approach to the terms it agreed to.

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