Courts still reluctant to imply terms

Do contractors have to proceed regularly and diligently or can they simply focus on achieving completion by the required date? Andy Green of Pinsent Masons analyses the impact of a court answer to the question in a case where he acted for one of the parties.

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Skip over insurance at your peril

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, focuses on the treatment of retention bonds in the JCT Standard Building Contract with Quantities (2011). Some changes make it easier to ignore insurance, which users are already inclined to skip over until too late, he warns.

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Reports from the courts: March 2012

Will Buckby and Andrew Croft of Beale and Company with the recent court decisions of most interest to construction, one of which highlights the difficulties of establishing that a written contract does not exist.

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State of play table: 168

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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Simplifying health and safety

In recent years the government has escalated its attempts to improve health and safety legislation in the UK.

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Using your initiative or frolicking

Guest editor William Cursham of Gateley says that adjudicators must be cautious when exercising their initiative, particularly on substantive points, as a recent flurry of cases leaves the situation uncertain.

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Legal terms explained: What is legal privilege?

Legal privilege is an essential component of the English legal system, ensuring that lawyers and clients can communicate freely, knowing that their interaction will not be admissible in legal proceedings.

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News in brief: March 2012

The Highways Agency has launched trials of Project Bank Accounts on the M4/M5 managed motorways scheme (Bristol) and the M62 J25 to J28 managed motorway scheme (North Yorkshire), both of which are now under construction. Over the next three years, the Agency says it will use the new approach on over 20 construction and maintenance schemes, with a total value of over £2.5 billion.

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JCT updates contract

JCT has amended its Standard Building Contract from 2 February to allow employers to ‘name’ specialists. Th e optional provisions enable employers to name individual specialists as domestic sub-contractors for identified parts of the works by appropriate entry in the contract particulars.

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Civil servants to lead projects

A shake up in public sector use of consultants on construction and other projects has been promised by the Major Projects Authority (MPA) at the launch of a new scheme to train senior civil servants in leading major project delivery.

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