Change but no revolution

The long awaited amendments to the Construction Act came into force in England and Wales on 1 October, with Scotland having to wait a month longer before the new regime took effect.

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Europe keen on ADR

In our latest alternative dispute resolution series of articles, Alexander Whyatt of Clyde & Co examines a European Parliament draft publication on ADR. The Parliament is clearly keen to see its use expand.

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Insuring the professional risks of surveyors

Insurance expert John D Wright of JD Risk Associates reviews the problems faced by surveyors in particular in their dealings with the insurance market. Claims rise alarmingly when recession hits the property market, he observes.

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The trouble with weather …

David Bordoli of Driver reviews the NEC3 provisions for weather compensation events. Not only is there still misunderstanding of what triggers a compensation event, but the official guidance is misleading.

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Honesty is the best policy

Outright lying and deliberate misrepresentation to win work are obviously not to be recommended, but Alison Groat of Pinsent Masons urges close attention to ensuring that honesty and openness are touchstones throughout contractual relationships.

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Duty of care uncertainty persists

Simon Henderson and Laura Crowley of 4 Pump Court review the landscape on builders’ concurrent duties in contract and tort in the wake of a recent appeal court ruling. Uncertainty still rules, they argue.

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Professional liability update

In this review of recent case law Shona Frame of MacRoberts sees signs of an increasing trend to target professionals as well as contractors when projects go wrong.

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When does a term become a regime?

Barrister Anthony Edwards of Chancery House reviews recent case law which suggests that adjudicators can have jurisdiction even where a contract is partly oral. Legislation is also moving towards that position.

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JCT on track with changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines JCT’s new tracked change documents, particularly the standard building contract with quantities. The software sometimes forces compromises to make things clear.

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Reports from the courts: October 2011

Will Buckby and Sabrina Ashoor of Beale & Co with our regular analysis of the cases of most relevance to construction, focusing on a ruling affecting on demand bonds; and an appeal court ruling that sends a key message to rail and construction companies.

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