Disputes likely to rise

The UK construction market comes out comparatively well on some scores in the latest EC Harris Global Construction Disputes report (see News), which suggests that whereas the global average value of sums involved in construction disputes has fallen over the year since the last report, disputes are taking longer to resolve.

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Declaratory awards in arbitration

In this article, part of our regular alternative dispute resolution series, David Owen of Clyde & Co says there may be a rise in the use of arbitration now it is clear that that arbitrators’ declaratory awards will be enforced by the courts.

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Project insurance not for the small projects

Project insurance is being held up as one way to cut costs on public sector contracts. Insurance expert John D Wright of JD Risk Associates explains the use of project insurance and highlights some difficulties to be overcome.

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Experts in professional negligence claims

The need for expert evidence in professional negligence claims has been clarified in a recent case. Kayleigh Rhodes of Berrymans Lace Mawer discusses this and another related decision.

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Collateral warranties: your questions answered

Kim Teichmann of Thomas Eggar reviews the always thorny issue of collateral warranties, flagging up the pitfalls to watch out for. Their effectiveness depends on the main contract that is warranted.

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When pressure turns to duress

In today’s tough commercial climate Alastair Young of SNR Denton warns against exerting pressure that the courts may deem to amount to economic duress. Abusing your upper hand can leave the strong open to claims.

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Serving papers in the digital age

The digital age has well and truly caught up with the law, with the High Court now allowing serving of court papers via Facebook. Vijay Bange of Trowers & Hamlins warns that strict requirements must still be followed whatever means are used to serve papers.

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Lawyers remain uniquely privileged

A recent court decision signals that the ambit of legal advice privilege is being confined to the legal profession, at least for now. William Cursham of Gateley explains what is, and what is not, protected by privilege.

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Expect more specialist updates

Our contracts monitor Michael Furmston, Principal of Thurston Consultants, examines the newly released Named Specialist Update from the JCT. Some users may not think it worthwhile to purchase the updated standard form, he suggests.

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Reports from the courts: June 2012

Reviewing the recent court decisions of most interest to construction, Will Buckby and Andrew Croft of Beale and Company focus on one that restricts legal privilege to the legal profession; and another that warns developers about implied terms in off plan development contracts.

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