Dangers of dabbling in Construction Law

Guest Editor Tim Seal, Head of Construction Law at Ridgemont, says highly specialised construction lawyers have an almost uniquely direct connection with the industry they serve, and warns against using non experts for legal advice in what is a very complex area.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Reports from the courts 

Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a decision that confirms that the right to commence adjudication proceedings ‘at any time’ does not conflict with the limitation defence under the Limitation Act 1980; and another that shows the bar is set high for parties intending to challenge an arbitrator’s award if they have to show that it is ‘obviously wrong’.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

NEC X29 and the development of climate change clauses  

Alice Herbert of HSF looks at the NEC’s secondary option X29 clause, the first UK standard form construction contract clause to address climate change, which she welcomes as a stimulus to good climate change practice.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Construction Law Guide to: Concurrent Delay

Our latest Construction Guides series article comes from Melissa Moriarty of DLA Piper who examines concurrent delay, which differs between Scotland and England.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Turbo-charging early contractor involvement 

Professor David Mosey CBE of the Centre of Construction Law & Dispute Resolution King’s College London asks why the take up of Early Contractor involvement has been so dilatory. He suggests ways of turbo-charging its take up following the Construction Leadership Council’s report that it would improve efficiency of design and the design process. 

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Survey sees growth in international arbitration

Vijay Bange and Ed Keating of Duane Morris discusses the findings of an energy disputes focussed survey that found international arbitration to be the preferred method of dispute resolution for international projects.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Keeping proceedings just and fair 

Of Counsel Stephanie Geesink and Emma Thompson and Dominic Turner-Harriss of Watson Farley & Williams LLP examine a recent judgment that supports the argument that once a privileged document is disclosed, any privilege attached is waived. The court was motivated to keep the proceedings just and fair between the parties, they conclude.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Recovery from other sources 

Insurance expert John D Wright of JD Risk Associates explains how insurance policies prevent policyholders from being paid more than the  by cover from other sources. Insurance law does not permit the insured to benefit from their loss.       

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Alternative adjudication decisions

Our latest Alternative Dispute Resolution series article from Sarah Alexander of Dentons UK and Middle East LLP examines what happens when a court refuses to enforce an adjudicator’s decision on jurisdictional grounds. 

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.