Bone up on bribery

The new Bribery Act is now in force, since 1 July, and although it was long trumpeted there still seems to be confusion about what it actually means. Backhanders, cash payments in brown envelopes, bungs etc, we can all easily conclude that they are unlawful. But what else might be?

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A Cautionary Tale

Rachel Chapin of Clyde & Co reports in the latest in our Alternative Dispute Resolution series on an appeal court case where mediation was once again endorsed as the preferred way to settle disputes.

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Concurrent liability – the reliance factor

Insurance expert John D Wright of JD Risk Associates analyses the issues surrounding concurrent liability, in particular the ‘reliance factor’. Court decisions have not settled the insurance related issues, he warns.

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Hired guns bite the dust?

Following a Supreme Court ruling expert witnesses are no longer immune from suit in relation to the evidence that they give in court. Ian Cocking of Clyde & Co says there may be unintended consequences as well as particular problems for jointly instructed experts.

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Who owns the float?

The always tricky problem of who owns float is analysed by Shona Frame of MacRoberts, pointing out the key differences in the NEC and JCT provisions. There is little case law for guidance, she warns.

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Choosing your adjudicator

David Lloyd Jones of Gateley explains the implications of a Technology and Construction Court ruling that sets out a potential roadmap to thwarting attempts to scupper adjudications by withholding the serving of referral documentation.

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Is procedures guidance adequate?

Vijay Bange of Trowers & Hamlins updates his earlier article on the Bribery Act 2010 (CL Vol 21 No 10) in light of the subsequent release of ‘adequate procedures’ guidance. The new laws come into force on 1 July, and companies of all sizes will have to be ready.

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Transparency in public sector procurement

New government transparency rules will have a major impact on the way that public sector projects are procured, predict Will Buckby and Sabrina Ashoor of Beale and Company. Contractors will also have to get more familiar with the Freedom of Information Act, they warn.

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No need for casting in stone

Our contracts watchdog Michael Phipps, Principal of Thurston Consultants, examines the always thorny problem for contractors of acting without written instructions. How three contracts tackle the issue is examined, but all are found wanting.

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Reports from the courts: July 2011

Our regular round up of cases of most relevance to construction from Professor Michael Furmston of Bristol University includes an appeal court decision relating to set-off; and a decision centring on whether a contract was a construction contract for purposes of adjudication.

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