Constructing a revolution

Bad news for lawyers if the revolution hailed as resulting from implementing the government’s Construction Strategy (see News) comes to pass. No bespoke contracts, it is promised, only standardised contracts to be used throughout the supply chain. Bang goes a lot of workload.

Read more

Arbitration’s rescue from the Italian Torpedo

In the latest article in our series on alternative dispute resolution, Alexander Whyatt of Clyde & Co examines the risks arising when inserting arbitration clauses into international contracts.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Long tail liability – a dilemma for insurers

Insurance expert John D Wright of JD Risk Associates argues that the insurance market will not move to a claims made basis from the currently popular occurrence basis any time soon. The long tail problem may force a change one day, however.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Practical completion pitfalls

Practical completion can be tricky enough to reach agreement on, but Simon Colegate of Wragge & Co argues that parties can make it a lot more difficult for themselves than it need be. Inadequate drafting of the relevant clauses is a prime cause of problems.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

OFT fine setting powers curbed

Companies that appealed the Office of Fair Trading’s fines for cover pricing have seen their fines reduced by up to 90 per cent. Alan Davis of Pinsent Masons examines what this means for competition law compliance and enforcement.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Expert shopping: try before you buy?

The practice of ‘expert shopping’ to deny opponents access to a small pool of expert witnesses is heavily frowned on by the courts, warn Suzanne Seaman and Jane Hughes of Collyer Bristow in this review of recent case law.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Cross border mediation

A new European Union mediation directive aims to formalise mediation and encourage its use in cross border disputes, as Jane Fender-Allison of Dundas & Wilson explains. Similar provisions could be enacted in domestic legislation.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Bribery Act 2010 and the construction industry

Following the much delayed and awaited publication of the Ministry of Justice Adequate Procedures Guidance, the Bribery Act 2010 comes into force on 1 July 2011. Valerie Surgenor of MacRoberts explains what they mean for construction.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Don’t blame JCT for contract size

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, argues that not all problems with using JCT contracts in the real world stem from the forms themselves; legislation is often at the root of problems. Reading and understanding them properly would also make life easier.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Reports from the courts: June 2011

Our round up of the cases of most interest to construction from Professor Michael Furmston of Bristol University focuses on a case that turned on the wording of an option to buy a development property; and an appeal court ruling upholding an earlier decision relating to contractor insolvency.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

+ More