‘Day of shame’ for Whitehall contract managers

The UK government is pushing ahead with plans to outsource more government services despite the growing evidence that the UK public sector is nowhere near capable of managing the large contracts involved.

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Pay now, argue later – unless misled

In the latest article in our alternative dispute resolution series Rachel Chaplin of Clyde & Co reports on a TCC case which granted a rare stay of execution of an adjudication award.

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Design and build insurance not a panacea

Design and build is now a favoured procurement route for many clients, imposing onerous duties and responsibilities on contractors. Insurance expert John D Wright of JD Risk Associates highlights some pitfalls.

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Time of the essence for claims in tort

When a main contractor resorts to a claim in tort against its sub-contractor to ‘pass down’ liability to the employer/a beneficiary, when does its cause of action accrue? Peter Stockill of Berrymans Lace Mawer considers the issues.

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Arbitration invasion repulsed

The interaction between arbitration and the courts and the ability of the courts to intervene was considered in two cases in the English courts in 2013. Shona Frame of MacRoberts analyses the decisions.

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Warranties need to reflect the facts

Michael Woolley of Hill Dickinson discusses two recent court decisions impacting on the use of collateral warranties. Care needs to be taken with the wording used and the insurance cover, he warns.

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The role of FIDIC on the global stage

FIDIC’s ‘Rainbow Suite’ of contracts are among the most heavily used in international construction. Michael Conroy Harris of Eversheds explains their main features.

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Valuing omissions – the alternative method

Michael Sergeant of Holman Fenwick Willan examines a recent TCC case that illustrates the difficulties in valuing omissions using an increasingly common, alternative, approach to using the same rates as in the original contract valuation.

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Contract law as others see it

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, reflects on the minefield of pitfalls that can be dug by those who would devise their own contracts or amend standard forms.

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Reports from the courts: December 2013

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Will Buckby of Beale & Company includes an adjudication decision being upheld despite the adjudicator applying a clause in a way that neither party had argued; and one which highlights the importance of naming the correct legal entities in contracts.

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