Scoping your financial exposure

Anne-Marie Friel of Pinsent Masons urges taking great care when drafting, and reviewing, exclusion and limitation of liability clauses. Some recent relevant cases should put a chill in a contractor’s spine, she warns.

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The specialist contractor view

The specialist contractor’s view of the Construction Act is outlined by Marion Rich, Legal Affairs Director of the British Constructional Steelwork Association. The changes are welcomed, but reservations remain.

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Adjudication under the ‘new’ Construction Act

Vijay Bange of Trowers & Hamlins looks at the adjudication impact of the new Construction Act. Expect a period of uncertainty as the industry grapples with a transition from the old to the new provisions, he warns.

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City Inn v Shepherd lost at sea

Sean Brannigan QC and Elspeth Owens of 4 Pump Court argue that a Commercial Court ruling means an earlier decision of a Scottish court will not have the impact on English law that was originally suspected. The Scottish apportionment approach to concurrent delay has also been rejected.

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The Peak effect

In the first part of a two article series James Pickavance and Michael Mendelblat of Herbert Smith tackle two of the longest standing contentious issues in construction law, concurrency and the prevention principle.

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Interim certificate abuse tackled

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his inspection of the new JCT tracked change contracts. Abuses relating to failure to issue interim certificates will be less likely in future, he suggests.

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Reports from the courts: November 2011

Will Buckby of Beale & Co examines the latest court rulings of most interest to construction, including a dispute in the TCC which shows that the courts will uphold reasonable limitation periods provided for in contracts; and another which sets out principles governing the damages levels appropriate for defects in buildings.

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State of play table: 165

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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Changes to the payment process

Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009), which came into force on 1 October 2011 in England and Wales and 1 November 2011 in Scotland, makes changes to the payment process in construction contracts under Pt II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996).

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What is ‘success’ for a construction project?

Guest editor Professor Peter Hibberd, Chairman of the Joint Contracts Tribunal, asks what is meant when measuring the ‘success’ of a project, and questions the role of the procurement route in delivering it.

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