Comment
Navigating risk and reality
Acting Editor Kirsty Barrett introduces this month’s issue of Construction Law.
News
In our regular news roundup: The Government confirms that national building safety reforms will continue despite the freeze on alterations to Building Regulations announced in the Autumn Budget; Build UK releases its latest national retention benchmarking report; and the TCC clarifies and reinforces the broad statutory reach of Building Liability Orders under the Building Safety Act 2022.
Legal terms explained
Harsh Jain of Herbert Smith Freehills Kramer LLP explains the concept of unjust enrichment.
Guest editor
Can the contract model influence the likelihood of disputes?
Guest Editor Shona Frame of CMS asks if there is a contract model which can help manage or avoid disputes.
Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.
Analysis
Criminal convictions and building safety claims: the civil consequences
As the CPS prepares to make charging decisions in relation to the Grenfell Tower fire, Georgia Whiting of Capita considers how criminal proceedings may interact with civil claims in a building safety context.
Reports from the courts
Our latest reports of the court decisions of most significance to construction comes from Andrew Croft, Ben Spannuth, Daniela Miklova and Ben Boulter of Beale & Company Solicitors LLP who report on a case highlighting the pitfalls of relying on Project Bank Accounts for payment if you are not named in the main contract as a supplier; and another that reminds us that an adjudicator is not limited to a binary choice between two adjudicating parties.
CL guides
Construction Law guide to key ancillary agreements
Our latest CL Guide to Construction Law comes from Sara Sacramento of DLA Piper LLP. It deals with ancillary agreements, those contracts which are separate from, but related to, an original primary contract.
Expert evidence
The challenge of AI-assisted expert evidence
Gareth Morris-Hale of Fenway X examines the impact of AI in the preparation of expert evidence and asks how we can manage the disclosure of its use without turning every dispute into an enquiry about software use. We need to be able to distinguish between AI use that provides administrative assistance from that which is being used to shape opinions.
Risk
The need for speed: managing risk in fast-track data centre construction projects
Peter Danysh and Lawrence Winsor of Vinson & Elkins take a look at fast track projects, offering some general takeaways for avoiding possible pitfalls and effectively managing risks.
Arbitration
Got your back – the role of domestic courts in arbitration
It would be wrong to suggest that arbitration operates entirely independently of the courts. Vijay K Bange and Harry Clark of Irwin Mitchell LLP look at two cases that show how the courts can perform an important supporting role during arbitration.
PFI
PFI disputes and the case for reforming dispute resolution
Antony Smith, Andrew Croft and Joseph Roberts of Beale & Co make the case for improved contract design and better dispute resolution provisions in future PFI agreements.
Insurance
Employer’s Vicarious Liability
Vicarious liability is a minefield for lawyers, says insurance expert John D Wright of JD Risk Associates. In this article he examines how a ‘master and servant’ relationship can affect liability in insurance claims.
Alternative dispute resolution
Could AI make early neutral evaluation more effective?
Michael Wright and Akin Akinbode of Dentons UK and Middle East LLP note that early neutral evaluation has been given more prominence in the TCC Guide, and ask whether AI could make it an even more effective route towards settling disputes.