Editor’s comment
MoD lacks expertise and capacity needed for Defence Housing Strategy, NAO says
Editor Nick Barrett looks at yet another public sector procurement bashing from the public spending watchdogs at the National Audit Office. The mess is being sorted, partly because of help available from within government itself.
News
Our regular round up of news events finds the NAO still finding new grounds for criticising the HS2 project; the Planning Inspectorate claiming a step change in its ability to support the planning system; and a government report challenging the claimed financial benefits of Heathrow expansion.
Legal terms explained
Seena Collins of Herbert Smith Freehills Kramer LLP explains the slip rule.
Guest editor
ADR can only be as good as its practitioners
Guest Editor Karen Gough of 39 Essex Chambers reports on her participation in London International Disputes Week, a global ‘must attend’ alternative dispute resolution event, now in its seventh year. The RICS also deserves recognition for its 50 year contribution to dispute resolution, she says, having recently launched its Arbitration Week.
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, Ben Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP who analyse a decision which emphasises that careful drafting is required to ensure a smooth transition from pre-construction agreements to a building contract with relevant rights and liabilities transferred; and one that is the first to provide guidance on the doctrine of frustration in the context of building safety.
Analysis
Why the SCL Delay Protocol needs a Third Edition
The SCL Delay and Disruption Protocol has served the industry well for over two decades, but the pace of change in construction demands a more agile and forward-looking approach, says Gareth Morris-Hale of FenwayXn. Time for a Third Edition?
CL guides
CL Guide to CDM Regulation
Our latest Construction Law Guides series article comes from Jodie Montagnon of DLA Piper who explains the requirements of the Construction (Design and Management) Regulations 2015.
Contract Management
Best practice under the Contract Management Playbook
Jade Divers and Cirklen Yu of Trowers & Hamlins LLP argue that the approach to contract management in the Procurement Act 2023 is misconceived. The new Contract Management Playbook published by the Cabinet Office however provides useful guidance for public and private sector organisations when considering how to manage their contract portfolio.
Warranties
Be wary of contractual adjudication rights in collateral warranties and ancillary documents
Marianne Morrison of Kier Places and Ben Couldrey of Beale & Company Solicitors LLP examine the risks of contractual adjudication provisions in collateral warranty and other ancillary documents. Proceed with caution, they warn.
Adjudication
Pay now, argue later – but what if the payee has no money?
Hannah Mitchell of Turner & Townsend Contract Services examines a divergence in approach that has arisen between English and Northern Ireland courts over considering the merits of underlying disputes when deciding on adjudication enforcements.
Contracts
Risk of being caught out by JCT contract transition
Phil Caton of Aaron & Partners advises using the extra time granted for transition to JCT 2024 wisely, to prepare for the change rather than use it as an excuse for delay. The delay option risks more complexity and cost further down the line.
Insurance
Not exactly what it says on the tin
Insurance expert John D Wright of JD Risk Associates opens the lid to look inside the insurance policy tin. He finds that insurance policies are complex documents demanding much more interpretation than a message on a tin.
Alternative dispute resolution
Protecting legal advice privilege when using external lawyers?
Sarah Alexander of Dentons UK and Middle East LLP examines a recent decision that has clarified the rule on legal advice privilege. Client/in-house lawyer teams reviewing new issues that might crystallise into disputes should implement some precautionary steps when planning to instruct external lawyers, she advises.