New civil contracts

A new suite of contracts based on the ICE Conditions of Contract which has been dropped by the ICE has been launched by consultants’ body ACE and the Civil Engineering Contractors Association (CECA).

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PFI must make its case

The government appears to have accepted that the UK needs a continuing investment in its transport, education, healthcare and other infrastructure if it is to be in a position to thrive as a modern economy. Yet the economic background is unfavourable in what looks like being at least a few more years of austerity as deficit reducing policies are followed.

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Track to the future

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, welcomes the issue of new documents from the JCT which he says represent a big step forward in making standard contracts more plain and useful.

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Mediation – at home and abroad

In the latest in our series on alternative dispute resolution, Rachel Chaplin of Clyde & Co examines the EU Mediation Directive whose deadline for implementation has just passed.

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Insurance claims – know the rules

Insurance expert John D Wright of JD Risk Associates warns that if you want your claim settled amicably, it is useful to have a working knowledge of the rules and principles that govern insurance contracts.

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Pure economic loss

Can a contractor be held liable to an employer for economic loss on the basis of a negligent breach of a duty of care where the contractor is not liable under the contract? Shona Frame of MacRoberts analyses the sometimes conflicting evidence from the courts.

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Conditional fee agreements

Conditional fee agreements are so far rare in construction, although the Technology and Construction Court had an adjudication related case before it recently involving one. Jane Hughes and Michael Shaw of Collyer Bristow examine the future of their use.

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Banking on a bond?

Tia Starey of Clyde & Co examines what interpretation the courts put on guarantees and indemnities. Court interpretation of the commercial context can prove decisive.

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Care needed with indemnity clauses

For any lawyer operating in the construction or PFI fields, relying on indemnity clauses is the current trend. Lindy Patterson of Dundas & Wilson looks at what constitutes an indemnity clause, how it operates and the key points to look out for when drafting these clauses.

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Bribery Act 2010: key issues

The Bribery Act 2010 came into force on 1 July 2011. Neil McInnes of Pinsent Masons analyses the implications of the Act in the light of the recently issued government Guidance on Adequate Procedures.

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