Restructuring versus arbitral awards – will the debt survive?

Paul-Raphael Shehadeh of Duane Morris analyses a dispute that will be of great interest to insolvency and international arbitration practitioners, that highlights the benefits of a negotiated dispute settlement.

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Joint Names Clauses under scrutiny again

Our insurance expert John D Wright of JD Risk Associates examines Joint Names Clauses which have been in use for over 40 years and were hoped to result in less litigation, but the industry still struggles to gain the benefits and court analysis of clauses themselves is common.

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Conditions Precedent and Amendments to Contract

Cheryl Ferguson of Dentons UK and Middle East LLP looks at a Scottish case that provides a cautionary tale on acceptance of amendments that rob the contractor of alternative routes of recourse.

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Legal terms explained – Non-delegable duties

Where an employer engages an independent contractor to undertake work on its behalf, the employer will generally not be liable for any unauthorised torts committed by the independent contractor during the execution of its work.

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Collaboration on the rise in construction, says survey

A report from construction, property and management consultancy Rider Levett Bucknall (RLB UK) suggests that construction has moved to more negotiated procurement activity as contractors grapple with supply side concerns but are not widening their supply chain in response.

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Network Rail framework promises greater collaboration

Network Rail is promising greater collaboration with contractors appointed to its £4 billion Train Control Systems Framework. A partnership type approach is to be adopted and there is a new way of selecting companies to be awarded work under the framework.

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Embodied carbon policy failure risks legal challenge, says IStructE

Failure to properly address embodied carbon emissions in the government’s Future Homes Standard and Future Buildings Standard consultation could leave resulting legislation open to legal challenge, the Institution of Structural Engineers (IStructE) has warned.

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News in Brief – May 2024

Transport Scotland will use new, in-house terms and conditions for the Tay Crossing to Ballinluig project, part of the much delayed £3.7 billion A9 Dualling programme.

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Work will flow soon from giant water investment programme

Starting next year the water industry will start to make one of the largest UK infrastructure investments ever, a total of £96 billion in its AMP 8 investment period. That represents a near doubling from the £51 billion previous five year investment period of AMP 7.

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Collaboration on the rise in construction, says survey

A report from construction, property and management consultancy Rider Levett Bucknall (RLB UK) suggests that construction has moved to more negotiated procurement activity as contractors grapple with supply side concerns but are not widening their supply chain in response.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

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