Duty of care uncertainty persists

Simon Henderson and Laura Crowley of 4 Pump Court review the landscape on builders’ concurrent duties in contract and tort in the wake of a recent appeal court ruling. Uncertainty still rules, they argue.

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Professional liability update

In this review of recent case law Shona Frame of MacRoberts sees signs of an increasing trend to target professionals as well as contractors when projects go wrong.

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When does a term become a regime?

Barrister Anthony Edwards of Chancery House reviews recent case law which suggests that adjudicators can have jurisdiction even where a contract is partly oral. Legislation is also moving towards that position.

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JCT on track with changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines JCT’s new tracked change documents, particularly the standard building contract with quantities. The software sometimes forces compromises to make things clear.

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Reports from the courts: October 2011

Will Buckby and Sabrina Ashoor of Beale & Co with our regular analysis of the cases of most relevance to construction, focusing on a ruling affecting on demand bonds; and an appeal court ruling that sends a key message to rail and construction companies.

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State of play table: 164

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 European contract law option

In July 2010, the European Commission published a Green Paper setting out a range of options for progress towards a European contract law. The purpose of the Paper was to address the growing concern of the Commission that the differences in member states’ contract laws created legal uncertainty and increased transactional costs.

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Construction disputes on the rise

Guest editor Mike Allen of EC Harris analyses the findings of his company’s recent report showing that disputes are rising globally. Failing to properly adminster the contract was the most common cause of disputes.

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Legal terms explained: Bonds and how they operate

Bonds and guarantees have been used in connection with construction work for centuries, but in the current economic circumstances they are becoming ever increasingly common as security on projects.

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News in brief: October 2011

Construction is to be included in a government review of how European Union procurement legislation is applied which aims to give UK bidders an advantage on public sector contracts. A £1,000 million contract for rolling stock and construction of a depot on the Crossrail project has been delayed as a result of the review. Local economic factors may be taken into account when awarding such contracts in future.

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