Editor’s comment
Same old, same old for the post Cunliffe construction sector?
A step change in how water infrastructure is managed and delivered is promised by the Cunliffe report. Editor Nick Barrett asks if it will result in the changes the construction sector needs for the second biggest infrastructure programme in the UK.
News
Our regular news round up looks at a final investment decision made for Sizewell C; new Treasury business case guidance for major projects; and new subsidy contracts for wind and solar projects that promise to reduce risk.
Legal terms explained
Hao Zhou of Herbert Smith Freehills Kramer LLP explains Price Adjustment Clauses.
Guest editor
Battle of the forms still rages
Guest Editors Ben Jolley and Gayatri Gogoi of Herbert Smith Freehills Kramer LLP take a close look at a TCC decision that at first glance seems to displace the ‘last shot’ principle in contract formation. On examination, they argue, parties still have to be aware that contracts can be formed before formal documents are signed.
Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.
Reports from the courts
Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine a decision that shows the TCC’s commercial approach to interpreting payment applications rather than entertaining overly complicated interpretations of the Scheme; and one showing that the courts will look to uphold good faith obligations; parties will need to show that a breach is causative of an alleged loss.
Analysis
Remoteness of damages in construction disputes
Barry Hembling, Caroline Rossmann and William Stewart of Watson, Farley & Williams LLP examine a long running dispute that has already been before the Supreme Court. This latest TCC judgment provides useful guidance about the law on remoteness of damages and how these principles are applied in construction law claims.
CL guides
Construction Law Guide to: Adjudication
Our latest Construction Law Guide series article comes from Jenny Harrison of DLA Piper LLP who examines Adjudication.
Artificial Intelligence
AI in Construction Dispute Resolution
Chiara Pieri and Keith Robertson of CMS Cameron McKenna Nabarro Olswang LLP analyse the opportunities, risks, and guidance of using Artificial Intelligence (“AI”) when resolving disputes in construction. Despite the valuable contribution of AI, human oversight is still needed, they argue.
Arbitration
Reducing the carbon footprint of international arbitrations
Fatma Guney, Partner at Hamish Lal Partners, London, seeks to point to the elephant in the room and explore the concept of ‘Greener Arbitration’. Has arbitration strayed too far off a suitably green path, she asks.
Building safety
Reforming the Building Safety Regulator: A new dawn?
Alex Jones of Walker Morris examines why the House of Lords is undertaking a formal inquiry into the effectiveness of the Building Safety Regulator regime, which is widely agreed to need significant overhauled. Hold ups to high rise housing projects in particular need to be overcome.
Defective premises
‘Dwelling’ further on the Defective Premises Act 1972
Nicholas Zeolla of Atkin Chambers analyses what is meant by a ‘dwelling’ under the Defective Premises Act. Premises that are predominantly commercial or industrial are not dwellings, he suggests.
Insurance
The Design Liability Minefield
Insurance expert John D Wright of JD Risk Associates explains why design liability cover is such a minefield for insurers. The problems are mainly of their own making however, due to poor policy drafting, he argues.
Alternative dispute resolution
Easing the procedural challenge of resolving safety disputes
Our latest ADR series article comes from Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP who report that court procedure for Building Safety Act related claims is creating quandaries for parties and judges.
