Construction Law Guide to: NEC4 (Part 1)

Corinne McCarthy of DLA Piper LLP explains the NEC4 suite of contracts in our latest Guide series article. Part 2 follows next month.

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Just wait a minute!

Barrister Karen Gough, of 39 Essex Chambers, explains how attempted smash and grab tactics can backfire in adjudications, with reference to a case where she acted for one of the parties. The case also shows the risks of serving adjudication notices by email.

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Price evaluation models for construction procurement

In this article based on a recent ‘White Paper’, Rebecca Rees and Stuart Brown of Trowers & Hamlins argue that it is essential that the industry finds alternatives to lowest price bidding and suggest other price evaluation models that could be trialled. Collaboration could also be enhanced by a changed emphasis at the procurement stage.

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Contractual Discretions and their exercise

Good faith is not recognised as a contractual term in English law but in an increasing number of judicial determinations a duty of good faith will be applied by way of exception. Cecily Davis of Fieldfisher examines relevant case law.

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Re-purposing green assets for hydrogen production

Eran Chvika and Dominique Nkoyok of Pinsent Masons LLP’s Paris Office review the opportunities for energy and infrastructure companies to focus on the production of ‘green’ hydrogen. Contractors should expect to take on most of the risks under contracts, they warn, and strict contractual obligations on safety and security and on the interface of works carried out by others are likely to flow from tight regulations and conditions imposed by financiers.

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Green light for Covid claims?

Our insurance expert John D Wright of JD Risk Associates examines the implications for insurance of a Supreme Court judgment relating to business interruption cover. Not all policyholders will be pleased by the outcome once they appreciate the implications, he warns.

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Don’t log off: The path to positive online mediation

In our latest Alternative Dispute Resolution article Linzi Hedalen of Dentons UK and Middle East LLP set out key benefits of virtual mediation and helpful tips for those engaging in the process. 

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New and proposed legislation: State of play table 258

This table, prepared by Dentons UK and Middle East LLP, 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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Law Commission consults on smart contracts: a smart new world

A ‘smart contract’ is a legally binding contract in which some or all of the contractual obligations are recorded in or performed automatically by a computer program deployed on a ‘distributed ledger’.

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Legal terms explained: Draft Building Safety Bill

The draft Building Safety Bill (“Bill”) was published in July 2020 with the purpose of reforming the regulatory regime for building safety following the Grenfell Tower fire in 2017 by introducing greater accountability and tougher sanctions. The Bill extends to England and Wales only (subject to some exceptions).

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