Construction Law Guide to: Force Majeure, Frustration and Construction contracts

Our latest Construction Law Guides series article comes from Tom Manley of DLA Piper UK LLP who explains the legal principles behind Force Majeure clauses and their practical implications.

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The future of AI in resolving construction disputes

Andrew Drennan, and Niall Tutt, of Alvarez & Marsal Disputes and Investigations review the role of the construction expert in conjunction with the rising use of artificial intelligence (AI). Disputes might benefit from early analysis of delays, cost overruns and evidence-based mitigation made possible.

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Judicial review gives go ahead to bypass project

The long contested A57 Mottram Bypass has been given legal clearance to go ahead after a Judicial Review, held up by another challenge, ruled that the case against the scheme is now closed.

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Where there is a (living) will, there is a way

Isobel Moorhouse and Jane Hughes of Trowers & Hamlins LLP explain what a ‘Living Will’ is, and ask whether the concept be adapted by employers to apply to contractor insolvencies?

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Smash and grab adjudications – getting your money back

Doug Wass of Macfarlanes argues that the Construction Act has been working in so far as industry cash flow has been improved, but the principle that a payor must pay the payee the Notified Sum if the payor fails to issue a valid payment notice or pay less notice has given rise to some risks of injustice that the courts are still grappling with.

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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.

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.

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