Pay up or feel the heat: Grove in action

When the Judge in Charge of the Technology and Construction Court hands down a 26-page judgment that touches on the key issues for payment rights and adjudication then we should all pay attention to the reasoning and the outcome so we can inform our approach to adjudication practice, says James Davison of 3PB Barristers.

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A discussion of JCT fluctuations options A, B & C

Jane Hughes and Isobel Moorhouse of Trowers & Hamlins LLP analyse the fluctuation clauses in the JCT Design & Build contract, which are becoming increasingly important against a background of rising inflation. Which type of fluctuation provision to incorporate in a contract, and whether to amend it, will be highly project specific.

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Insolvency figures show “worrying” rise in construction

Construction companies in ‘critical financial distress’ jumped by 51% in the first quarter of 2022 compared to the same period last year, new research has found as inflationary pressures continue to bite.

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Contractor liable for defective stadium ductwork, judge rules

FM Conway can be pursued by the Rugby Football Union for damages over alleged defects in ductwork installed at Twickenham stadium after a High Court judge ruled that the contractor may not rely upon a co-insurance defence.

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Insurance brokers can be your allies

Insurance expert John D Wright explains why insurance brokers can be valuable allies to construction companies facing increasingly complex challenges. Choice of broker is always important as some might not always meet the standard of care demanded.

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Answering the substantive claim

In our latest alternative dispute resolution series article Millie Leonard of Dentons UK and Middle East examines an appeal ruling in a case where a party sought to stay proceedings as issues were being referred to arbitration.

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New and proposed legislation: State of play table 269

This table, prepared by Barrett Byrd Associates, 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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Construction leaders call for crisis collaboration once again

This time two years ago, the construction sector found itself in the midst of heavy uncertainty following the outbreak of Covid-19. Industry has rightly been praised for the way it pulled together during the months of lockdown that followed, and collaborative efforts proved critical in keeping projects moving.

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Legal terms explained: Reasonable care and skill

The term ‘reasonable care and skill’ typically arises when considering the standard of care owed by one party to another, in connection with the alleged breach of an existing duty. Whether a party has acted with reasonable care and skill is a matter to be assessed objectively.

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Gove promises legal action against cladding manufacturers

Michael Gove has resolved to pursue cladding and insulation manufacturers through the courts after claiming that the industry failed to offer any funding commitment to help fix the building safety crisis.

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