Reports from the courts: November 2012

Our latest round up of the court decisions of most relevance to construction comes from Will Buckby and Andrew Croft of Beale and Company, and includes an enforcement of a decision of an adjudicator who had ‘little grasp’ of the subject; and a case highlighting the need to draft indemnities properly.

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Contractors take interest

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT Project Bank Account Documentation 2010. In spite of its defects, it provides a logical way for PBAs to be set up and operated, he finds.

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Getting the most out of the NEC

After nearly 20 years, the NEC is now firmly established as a contract of choice on construction and engineering projects. Michael Conroy Harris of Eversheds charts its development and predicts what the future holds for it.

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Constructing good faith

Thomas Andrews of Pinsent Masons examines the increasingly common ‘good faith’ type clauses that are appearing in construction contracts as the industry tries to move towards more collaborative working methods. Despite reluctance, the courts are having to grapple with what such terms actually mean.

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Spotlight on letters of intent again

In a follow up to a recent article on letters of intent Will Buckby and Andrew Croft of Beale and Company consider a more recent case that underlines the wisdom of their earlier advice to agree final contract terms as early as possible.

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Third party claims need care

In the final part of a two part article, Holly O’Brien, Matthew Shotton and Shaun Livingston of Berrymans Lace Mawer look at recent cases to consider the effect settlement agreements might have on claims involving third parties.

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Don’t ‘waive’ privilege goodbye

Recent cases have highlighted the attitude of the courts to who enjoys privileged communications and with whom. William Cursham of Gateley examines why privilege is so important and the circumstances under which it can be inadvertently waived.

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Hidden dangers in contract works insurance

Construction insurance expert John D Wright of JD Risk Associates explains what exactly is – and what is not – covered under contract works insurance. Not all risks are covered and all consequential losses are excluded, he warns.

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Adjudication quality questioned

In the latest of our regular series on alternative dispute resolution Rachel Chaplin of Clyde & Co looks at guidance from the Royal Institution of Chartered Surveyors on conducting adjudications, which have been losing popularity due to the poor quality of some decisions.

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State of play table 175

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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