BIM promotes collaboration

Following a recent BIM Working Group held by Beale & Company, Andrew Croft and Natalie Ledger identify some of the legal issues arising from the use of BIM and explore some of the methods of managing them. Collaborative contracts look like becoming more prevalent.

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Supreme Court changes limitation

Shona Frame of CMS Cameron McKenna reports on the implications of a Supreme Court decision that changes what was the Scottish position on prescription and limitation for the past 30 years. Another key change is also coming, relating to counterpart signatures.

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On-demand bonds – pay now, argue later

Daniel Cashmore of Pinsent Masons reviews the situation with on-demand bonds following a court decision that adds significantly to existing case law, and represents a departure from the approach recently adopted by the courts.

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Landmark insurance reform ahead

Paul Reed QC of Hardwicke examines how the landmark, new Insurance Act that comes into force next year is likely to impact on the construction industry. Substantial changes are being made, he warns.

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New regulations may demand new actions

Standard contracts may need to be changed to comply with the new CDM regime, as our contracts monitor Michael Phipps, Principal of Thurston Consultants, warns in this examination of the related changes made by JCT to its Standard Building Contract With Quantities 2011.

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Reports from the courts: June 2015

Andrew Croft and Simii Sivapalan of Beale & Company present our latest review of the court cases of most interest to construction, including a key ruling concerning the duty to warn; and one that cautions adjudicators against unilateral conversations with parties.

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National Audit Office briefing confirms PPP ‘has a role’

In a paper issued recently entitled ‘The choice of finance for capital investment’ the National Audit Office (NAO) looked at capital investment using public and private finance.

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State of play table 200

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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A suitably worded agreement

Guest editor James Ladner of Pinsent Masons warns that neglecting to use the familiar and powerful term ‘subject to contract’ properly can easily result in disputes that reach the courts.

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Legal terms explained: Indemnity costs

Indemnity costs Once litigation is over, whether by way of judgment or settlement, the parties must deal with the difficult issue of costs. All too often the parties fail to agree the costs position, such that they are forced to turn to the court to decide the issue for them.

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