Concurrent delays – an expert’s view

Expert witness Roger Gibson of Gibson Consulting Ltd gives his view of a potentially landmark case in the Scottish courts that involved analysis of concurrent delay.

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Insurance claims – a series issue

Much litigation arises over the use of aggregation, or ‘series’, clauses in insurance policies. Insurance expert John D Wright of JD Risk Associates explains why.

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The importance of being reasonable

Recovery of rectifications costs for defects arising outwith the liability period can be difficult, but not impossible, as Digby Hebbard of Trowers & Hamlins explains with reference to a case he was recently involved in.

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Everybody makes mistakes …

If a contract contains clear mistakes that benefit one of the parties the courts may take the view that it should not be strictly enforced – or they might not. Georgia Smith of Pinsent Masons looks at some recent case law.

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Do you really understand the Construction Act?

Andrew Jones of Gateley Wareing examines the proposed Construction Act reforms for their practical impact. Despite improvements to the payments regime, contracts still need to contain clear payment and interest provisions.

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Lacking definition

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT’s Minor Works Building Contract and finds that not all terms that should be defined are in fact so. This could be dangerous, he warns.

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Reports from the courts: March 2011

In our regular round up of the court decisions of most relevance to construction, Professor Michael Furmston of Bristol University focuses on a dispute that highlights the potential pitfalls of amending standard form contracts.

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Incoterms 2010

Incoterms, or to give them their proper name, the International Commercial terms, are a series of international sales terms produced and published by the International Chamber of Commerce (ICC). They are widely used in international commercial transactions.

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State of play table: 158

This table, prepared by Clyde & Co, 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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State of arbitration

Guest Editor Ben Mellors of White & Case says that despite the growth of adjudication, arbitration remains a key dispute resolution mechanism. It should however not be regarded as a ‘like for like’ alternative to litigation.

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