Interim certificate abuse tackled

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his inspection of the new JCT tracked change contracts. Abuses relating to failure to issue interim certificates will be less likely in future, he suggests.

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Reports from the courts: November 2011

Will Buckby of Beale & Co examines the latest court rulings of most interest to construction, including a dispute in the TCC which shows that the courts will uphold reasonable limitation periods provided for in contracts; and another which sets out principles governing the damages levels appropriate for defects in buildings.

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State of play table: 165

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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Changes to the payment process

Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009), which came into force on 1 October 2011 in England and Wales and 1 November 2011 in Scotland, makes changes to the payment process in construction contracts under Pt II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996).

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What is ‘success’ for a construction project?

Guest editor Professor Peter Hibberd, Chairman of the Joint Contracts Tribunal, asks what is meant when measuring the ‘success’ of a project, and questions the role of the procurement route in delivering it.

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Legal terms explained: Mediation in practice

Mediation is probably the most common form of Alternative Dispute Resolution (ADR) used. It is a voluntary facilitated negotiation where an independent third party helps parties to reach agreement on a confidential and without prejudice basis.

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News in brief: November 2011

From 1 October only fatal or major injuries can be reported to the Health and Safety Executive (HSE) by telephone, with other incidents having to be reported online via the HSE website. The HSE says over half of reportable injuries are notified via the website already.

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Earlier fatality prosecutions

Earlier prosecutions are likely after work related deaths following a new agreement reached between the Health and Safety Executive (HSE) and other health and safety related organisations.

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UK cheapest for arbitration

A major survey into the costs of international arbitration shows the UK cheaper compared to the European average, with claimant costs 10 per cent lower, external legal fees 26 per cent lower and arbitrators’ fees 18 per cent less.

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New era for court costs

A new era of court controls over legal costs looks possible with the start of a pilot scheme introduced in the Technology and Construction Court (TCC) from 1 October.

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