The dearest things in life might be free!

Guest editor Nicholas Maciolek of Atkin Chambers says that a recent court decision that attracted comment on duty of care issues missed the point. The case was more interesting because of what it says about the scope of a professional’s duty in negligence, he argues.

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Reports from the courts

In our regular round up of the court decisions of most significance to construction Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP examine a case concerning exemption clauses that went to the appeal court; and another highlighting that contractors need to act quickly to submit extension of time claims.

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Legislation leads to contract complexity

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Repair and Maintenance Contract, focussing on its tendering aspects. Legislative changes mean the contract is more complex than before, with no fewer than 27 terms needing definitions compared to ten previously.

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Construction Law Guide to: Time in construction contracts

Rachel Chaplin of DLA Piper examines the operation of time in contracts in the latest of our guides to construction law series. Operating the contractual machinery correctly is crucial to the success of time related claims.

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NEC4 and PPC2000: alliance contract options and legal principles

Professor David Mosey and Jessica Twombley of King’s College London Centre of Construction Law and Dispute Resolution take a critical look at the NEC4 draft project alliance contract. They advise clarification in places to avoid disputes arising from differing interpretations.

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No cover for actions deemed criminal

Insurance expert John D Wright of JD Risk Associates says liability insurance will be under the spotlight following the Grenfell Tower tragedy. Heavy fines and imprisonments could be handed out by the courts.

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Courts prove ready to review arbitral awards

Vijay K Bange and Tanya Chadha of Trowers & Hamlins LLP analyse a case that provides the first example in construction of a successful challenge under the Arbitration Act 1996 on the basis of fraudulent misconduct.

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Belt and road projects – legal issues when East meets West

Barrister Mathias Cheung of Atkin Chambers outlines the opportunities and potential legal issues presented by China’s massive Belt and Road Initiative. Proper pre-contractual preparations and contract management are essential for success.

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Collateral warranties: key issues

The key issues surrounding collateral warranties are examined from the viewpoint of their potential beneficiaries by Shaun Tame, Counsel, Dentons.

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Mediation – a change in thinking?

In our latest alternative dispute resolution series article Chris Kerr of Clyde & Co reviews a court decision that shows a refusal to engage in mediation will not always trigger cost sanctions.

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