Construction Law Guide to: Variations

The latest in our Construction Guides series comes from Daniel Warren of DLP Piper LLP who explains what you need to know about variations.

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Key recommendations of the Grenfell Tower Inquiry Report

Katherine Metcalfe of Pinsent Masons examines the key recommendations of the Grenfell Tower Inquiry Report that she says makes for sobering reading. The residents of the Grenfell Tower were comprehensively let down by a broken regulatory system whose repair will have a far reaching impact on the construction industry.

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Grenfell Inquiry findings

Ed John and Nadine Obayda of Keystone Law focus on the implications for manufacturers of construction products following publication of the Grenfell Tower Inquiry Report. Litigation is expected to follow now the report has been published, and residents and leaseholders with dwellings unfit for habitation will generally find it easiest to claim losses against the contractor or developer under the DPA 1972.

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Where’s the trigger?

Karen Gough of 39 Essex Chambers examines a recent case concerning a claim under the NHBC’s Buildmark certification and insurance scheme. A key question raised was when does time start to run for claims under the scheme; an issue needing further clarification.

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Will collateral warranties be construction contracts?

Collateral warranties are not contracts according to a Supreme Court ruling that overturns a position established eleven years ago by the Appeal Court. Scott Stiegler, Bradley Linday and Xara Kaye of Vinson & Elkins say that parties wanting to capture the benefits of adjudication might now include express adjudication clauses in collateral warranties.

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Delayed Completion Coverage

Insurance expert John D Wright warns against overlooking revenue losses from delayed completions of projects when seeking insurance cover. Increasing use of private finance on public sector schemes will likely lead to increasing demand for such policies.

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Mediation in the Middle East

Our regular alternative dispute resolution series article comes from Suzannah Fairbairn and Melissa Mallon of Dentons UK and Middle East LLP who report that mediation is seeing increasing use to resolve disputes in the Middle East.

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Legal terms explained – Disruption

Disruption typically refers to any hindrance or interruption to a contractor’s regular progress resulting in it incurring additional cost due to lower productivity in executing the impacted work.

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Private Finance Initiative could be set for a return

A report from the Association of Infrastructure Investors in Public Private Partnerships (AIIP) has called for a comprehensive reform of the Private Finance Initiative (PFI) model used previously to support a new generation of privately financed infrastructure.

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Procurement Act delay could hit contracts

The government should take advantage of the just announced delay to implementation of the Public Procurement Act 2023 to introduce much needed reforms to the UK’s public sector procurement processes, says a report from the Institute for Government (IfG).

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