Editor’s comment
Hinkley Point C hit by new delay and rising costs
Further significant damage to the well tattered reputation of the UK’s infrastructure delivery capabilities is being delivered by news that Hinkley Point C will now cost nearly £50 billion and will be delivered much later than originally planned.

News  
Our regular news round up focusses on Hinkley Point C cost rises and timetable delay; agreement on a fine for Carillion’s former Chief Executive; and trial dates set for Hinkley Point C health and safety prosecutions.

Legal terms explained
Catherine Huntley of Herbert Smith Freehills Kramer LLP explains Design Life.

Guest editor
UK data centre projects – delay and mitigation
Guest Editors Dom Turner-Harriss and William Lister of Watson Farley & Williams LLP look for answers as to why Data Centres, increasingly recognised as critical infrastructure, are so prone to delays. Practical steps can be taken to minimise the risks, they discover.

Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.

Reports from the courts
Our regular review of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP who examine an Upper Tribunal ruling that will have significant implications for building safety claims; and one that provides helpful guidance regarding the transfer of rights under an assignment.

Analysis
Delayed schemes now being brought forward
Some good news on the industry forecasts front comes from Gardiner & Theobald whose latest Tender Price Inflation Report sees tender price inflation expectations edging higher but with early signs that delayed schemes might be being progressed.

Commitment made to modernise railways in Wales
The government has made what it describes as a generational commitment to modernise Welsh railways with a pipeline of 43 projects that it says will deliver £6.3 billion in economic benefits and support 12,000 jobs.

CL guides
CL Guide to Appointments
In our latest CL Guide Lina O’Gorman of DLA Piper UK LLP discusses the key provisions of an appointment and looks at some of the various forms of appointment available for use, contrasting the key areas of risk allocation under some of the most commonly used standard forms against a typical bespoke appointment.

Risk
Better risk decisions by using clean language?
The construction industry must modernise the gathering of project risk information, say barrister Rudi Klein, Principal of KleinLegal, and Risk Management Consultant Stephen Woodward. Better outcomes depend on radically changing how risk-elicitation questions are asked and responses are collected and examined, they argue.

Alliancing
Alliancing demands behavioural change
Building on an article from last year examining whether the Design and Build model remains fit for purpose, Dan Haley and Daniel Grondin of Watson Farley & Williams LLP have teamed up with Kate Kennedy of Laing O’Rourke to consider alliancing forms of contracts and their potential benefits for major construction and infrastructure projects.

Data centres
Bit barns and the battle for the grid
Jake Owen of Vinson & Elkins LLP reports that the pace of investment in data centres and related digital infrastructure is throwing up legal and procurement challenges that have contributed to growth of an approvals backlog. Old force majeure clauses need to be closely scrutinised.

Liability caps
Limitless or limited: liability caps in construction contracts
Linzi Hedalen and Alysha McMillan of Dentons UK and Middle East LLP analyse the use of liability caps in contracts which a one-size-fits-all approach no longer suits. The challenges and arguments appear limitless, they warn.

Insurance
The Employer’s Responsibilities
Insurance expert John D Wright of JD Risk Associates highlights that the responsibilities and risks facing Employers shouldn’t be underestimated. Gaps in the Employer’s protection can easily arise, he warns.

Alternative dispute resolution
When in-person hearings trump remote
In our latest Alternative Dispute Resolution series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP argue that sometimes in-person hearings can lead to better and more cost effective outcomes.