Editor’s comment
Public Accounts Committee launches five new inquiries
Editor Nick Barrett says the Public Accounts Committee has a busy few months ahead as it scrutinises a range of major infrastructure projects. Those involved can expect some uncomfortable reading when they report.
News
Our regular news round up includes an increase in NISTA’s pipeline value; funds to tackle blockages to projects; and England’s first Land Use Framework published.
Legal terms explained
Isabella Salame of Herbert Smith Freehills Kramer LLP explains Anticipatory Breach and Construction Contracts.
Guest editor
Building the transition
Guest Editor Jennifer Young of Thorntons says Scotland is poised for major investment in the energy transition, but asks if the industry is ready to take full advantage. More certainty in the project pipeline is needed, she argues, and suggests a regional “programme model” should be adopted.
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
In our latest Reports from the Courts series Andrew Croft, Ben Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP examine a case that highlights the importance of parties executing contractual documents before commencing works to avoid uncertainty between the parties in respect of the applicable terms and the parties’ respective intentions; and another that is an important reminder to carefully review contractual terms to ensure that the parties’ intentions are reflected in the agreement accordingly, particularly where complex contractual arrangements exist.
Analysis
Nuclear overhaul to speed up building and cut costs
An overdue overhaul of nuclear regulation is promising that nuclear projects will be built faster and cheaper, in a much needed boost to national and energy security.
CL guides
CL Guide to Termination
In our latest Construction Law Guide series article Clare Rushton of DLA Piper LLP explains Contract Termination. Wrongful termination can give rise to significant claims for damages, she warns.
Contracts
Time Bar provisions in construction contracts
Thomas Ho of Turner & Townsend Contract Services examines the legal development of the requirement for an effective time bar provision under English law and outlines the common defences available to contractors as well as the practical guidance to contracting parties.
Frameworks
So you think you know frameworks?
Rebecca Rees and Jade Divers of Trowers & Hamlins LLP argue that frameworks are a valuable tool. But they are not a way to avoid hard thinking, they warn.
Risk management
Why early warning systems still fail
Projects fail because early signals lose influence before decisions are made. Strengthening stakeholder engagement is the missing link between detection and action, argue smartphone and enterprise application product manager Patrick Power and risk management consultant Stephen Woodward.
International arbitration
A new chapter for arbitration in Malaysia
Vijay K Bange and Gordon Chan of Irwin Mitchel LLP examine the recent changes to Malaysia’s arbitration framework, which bring the country into closer alignment with leading regional and global arbitration hubs. these developments are important for construction disputes, they say.
Insurance
Conflict of laws and insurance claims
Insurance expert John D Wright, warns that establishing clear terms for the applicable law and jurisdiction on overseas projects is vital, both for enforceability and for insurance implications. He recommends control measures to be adopted to avoid the time and expense that can be expended due to lack of clear drafting.
Alternative dispute resolution
Subject to contract – three important words
Our latest Alternative Dispute Resolution article comes from Kirsti Olson of Dentons UK and Middle East LLP who explains the importance of the words ‘subject to contract’.