Reports from the courts: August 2011

Our regular round up of the court decisions of most interest to construction, from Will Buckby and Sabrina Ashoor of Beale and Company, includes a case highlighting whether an arbitration agreement can be entered into after substantial completion of the works.

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State of play table: 163

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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Everything in writing, always and forever?

Guest editor James Bowling of 4 Pump Court says the proposal to allow adjudication when contracts are not in writing does not look like becoming law anytime soon. But the current interpretation of the Construction Act relating to this is a blemish that needs to be swept away.

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Legal terms explained: Without prejudice – the basics

Whether or not Donald Rumsfeld was right when he said ‘with the press, there is no “off the record”’, in civil proceedings the concept of ‘without prejudice privilege’ is well-established.

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News in brief: August 2011

The number of workers killed in the construction industry last year has increased according to provisional Health and Safety Executive (HSE) figures for the year to March 2011. The number of workers killed was 50, an increase on 41 the previous year.

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HSE case study

Poor communications have been found to be the underlying cause of a significant number of accidents on London Olympic Games projects according to a case study published by the Health and Safety Executive (HSE).

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PFI exemption

Private Finance Initiative (PFI) schemes could be exempt from the ban on pay when paid or pay when certified clauses contained in the Construction Act. The government gained the power to create the exemption via a commencement order on 23 June.

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NEC not understood

A report from Constructing Excellence and Pinsent Masons has highlighted deficiencies in understanding of collaborative contracts such as the NEC as a major barrier to progress towards an improved industry performance.

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Code combats bribery

The Director of the Serious Fraud Office promises that the new Bribery Act will be vigorously enforced but says that contractors following a new Anti-Bribery Code of Conduct launched by the UK Contractors Group (UKCG) will have nothing to fear from the new law.

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