Editor’s comment
Wider industry needs to step up to the mark on waste
Editor Nick Barrett warns that the blame for part of the problem of fly tipping is often laid at construction’s door, and measures to tackle it are stepping up.
News
Our regular news round up includes an innovative agreement that promises a new benchmark for construction procurement; another knock-back for a cladding claim that has been ruled time-barred; and a report that contractors are reluctant to respond to tender opportunities.
Legal terms explained
Lucinda King and Maria Popova of Herbert Smith Freehills Kramer LLP explain what the varying types of waiver mean.
Guest editor
Retention reform and the future of construction payment practices
Guest Editor Chiara Pieri of CMS Cameron McKenna Nabarro Olswang LLP looks at the proposed late payment and retentions reforms. The gap between stated ambition and legislative reality may yet prove considerable, she suggests.
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 reports on the court decisions of most interest to construction comes from Andrew Croft, Benjamin Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP who examine a judgment providing confirmation to those seeking Building Liability Orders that adjudication-based liabilities fall within the relevant statutory framework; and a decision providing a useful reminder of the importance of complying with contractual provisions relating to the issuing of payment notices and payless notices.
Analysis
Courts construe force majeure clauses strictly
War and geopolitical instability have pushed force majeure clauses from boilerplate to board level concern, particularly for construction projects exposed to sanctions, supply chain disruption, currency controls and government action, as Ryland Ash and Michala Kucharikova of Watson Farley & Williams LLP explain.
CL guides
CL Guide to FIDIC
In our latest Construction Law Guide series article Dan Warren of DLA Piper explains how international consulting engineering organisation FIDIC works, focussing on some of its most popular contract forms, the ‘1999 Suite’s’ Red, Yellow and Silver Books.
Risk management
Breaking supply chain silence
Construction risk intelligence frequently originates within the supply chain yet rarely reaches decision-making structures early enough to influence outcomes, argues Risk Management consultant Stephen Woodward. Construction governance remains misaligned with where the earliest risk signals emerge, which is within the supply chain.
Legislation
The hidden regulatory risk in stadium refurbishments
Carly Thorpe and Jonathan Coser of Walker Morris examine the impact on construction of stadiums of the licensed safe standing regulations. Implications for refurbishment and retrofit projects could be critical, they warn.
Competence
Competence requirements under the Building Safety Act 2022
Sophie Phillips and Aliénor Troletti of Bird & Bird warn that post-Grenfell, competence has to be built into the selection criteria from the start of every procurement process. Keeping records of competency checks is crucial, and competence has to be maintained throughout the project.
Adjudication
Adjudication rights in joint venture construction contracts – the Darchem Decision
Fatma Guney of Hamish Lal Partners Limited gleans insight from a recent High Court decision on adjudication rights of Joint Venturers in construction contracts – the Darchem decision – and the implications this may have across the board.
Insurance
Contribution between insurers
Insurance expert John D Wright of JD Risk Associates explains why a theoretically straightforward insurance law principle concerning dual insurance can produce complex legal arguments.
Alternative dispute resolution
Should we use early neutral evaluation more in construction disputes?
In our latest ADR series article Tracey Summerell and George Harris-Rowe of Dentons UK and Middle East say the little used neutral evaluation technique should be considered more often.