Verifying the Gold Standard of Construction Procurement

Professor David Mosey CBE, Centre of Construction Law & Dispute Resolution, King’s College London, explains the newly launched Gold Standard verification scheme for frameworks and alliances, the aim of which is to improve value, reduce risk and achieve net zero on projects.

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Building a case by extrapolation – should failure be the default?

Thomas King of Pinsent Masons LLP analyses recent case law with implications for the process of sampling and extrapolation which allows cost effective ways of dealing with complex claims. Presenting and proving a case before a tribunal on the basis of a sample should not be seen as novel, suspicious, or as requiring a special elevated standard of proof, he argues.

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Safe as (qualifying tenants’) houses? Leaseholder protection under the BSA 2022

Building safety has had a high profile since the Grenfell tragedy and the introduction of the Building Safety Act, but some provisions in the Act relating to leasehold buildings have been relatively overlooked. Georgia Whiting of Ardmore Construction and Chris Bryden of 4 KBW examine the case law relating to remediation costs and leaseholder contributions under the Act.

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Security for costs: a lottery or an established well-honed process?

In a climate where the financial position of parties to construction litigation is increasingly precarious, Karen Gough of 39 Essex Chambers revisits the principles upon which security for costs may be granted by the Court.

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The moment of truth – making a claim

Our insurance expert John D Wright of JD Risk Associates looks at the process of making a claim under an insurance policy, which generate a lot of court attention. There are pitfalls for the unwary, he warns - and for the insurers as well.

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AI’s value in Dispute Resolution is growing – but keep your human brain engaged

In our latest Alternative Dispute Resolution series article Tracey Summerell and Aileen Banks of Dentons UK and Middle East LLP welcome the use of artificial intelligence in the law, but caution against blind over reliance.

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New and proposed legislation: State of play table 285

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Legal terms explained: Retention

In a construction context, retention typically refers to money that the employer deducts and retains from interim payments due to the contractor as security for the proper completion of the works and/or the rectification of any defects or other non-compliant work.

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MPs have no confidence in hospital delivery promises

The Public Accounts Committee (PAC) says in a report that it has no confidence government will deliver on promises made in 2020 to build 40 new hospitals.

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School buildings deterioration unacceptable and alarming, say MPs

The lack of basic information from the Department for Education (DfE) on the concrete crisis in schools is both shocking and disappointing, the Public Accounts Committee (PAC) warns in a new report.

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