Editor’s comment
Whitehall governance problem at heart of procurement inadequacies?
Editor Nick Barrett asks how long the UK can get away with the governance problem said by the head of the National Audit Office to be embedded at the heart of Whitehall when it comes to managing large scale procurements.
News
Our regular news round up features cost plus contracts being blamed for HS2 cost overruns; details of a new Transformation Delivery Partner contract from National Highways; and a Civil Nuclear Roadmap that backs a revived nuclear building programme.
Legal terms explained
David Nitek and Noe Minamikata of Herbert Smith Freehills LLP explain what is meant by ‘hot-tubbing’.
Guest editor
Delay without reasonable excuse and criminal liability
Guest Editors Chris Bryden and Bartholomew Scholefield of 4 King’s Bench Walk warn that post Grenfell Improvement Notices to replace cladding should not be ignored, otherwise financial and criminal consequences may follow. A rash of Improvement Notices and prosecutions for failure to comply may be expected.
Legislation state of play table
Our regular round up of procurement related key announcements from government departments and agencies and third parties compiled by Construction Law staff.
Reports from the courts
Our regular analysis of court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at a judgment highlighting the effect of an overriding reasonable skill and care clause in consultants’ contracts; and another which provides for the first time clarification of the territorial scope of adjudication where the Construction Act 1996 has lacked in definition.
Analysis
Calling-in bonds: a summary of the landscape in light of increasing insolvency risks
Theresa Mohammed, Jonathan Clarke and Dom Turner-Harriss of Watson, Farley & Williams LLP examine issues surrounding calling-in bonds against a background of rising insolvency in construction.
CL guides
NEC4 Contracts Suite
Our latest Construction Law Guides series comes from DLA Piper’s Jon Baker who looks at key features of the NEC4 contracts suite.
Review of the Year 2023
Key case law changes in 2023 impacting construction
Joanna Higgins of Pinsent Masons looks back on the key developments of 2023 and forward to some important further developments expected during 2024. Some cases in 2023 have effectively changed the law after decades of different rules being applied.
Review of the year in Scotland
Scottish construction law review 2023
Shona Frame and Karan Kamath of CMS review the highlights of construction law in Scotland during 2023. Important developments were seen in areas including fire safety, and court rulings affecting prescription and limitation
Adjudication
Towards a model law for the adjudication of construction disputes
Barrister, arbitrator and adjudicator Karen Gough of 39 Essex Chambers chaired the drafting committee for the new Model Law for adjudication, which aims to represent the best of global current practice. She explains how the Model Law can spread the benefits of adjudication to jurisdictions that do not enjoy access to it already.
Arbitration
The SIAC Rules, 7th Edition: Faster, Better, Cheaper?
Vijay Bange and Paul-Raphael Shehadeh of Duane Morris examine key provisions of the draft new edition of the Singapore International Arbitration Centre’s Rules. Do all the provisions advance the cause of greater efficiency, expedition and cost effectiveness, they ask?
Insurance
Contracts Works policies
Insurance expert John D Wright of JD Risk Associates examines issues arising from Contracts Works Insurance policies. Not all contingencies are covered, he warns, despite policies being described as “all risks”.
Alternative dispute resolution
Turbulent times call for increased focus on dispute avoidance
In our latest alternative dispute resolution series article Aileen Banks and Tracey Summerell of Dentons UK and Middle East LLP suggest some timely measures to take to avoid disputes arising.