Elbert Hubbard:
“Know what you want to do, hold the thought firmly, and do every day what should be done, and every sunset will see you that much nearer the goal.”
The sun has finally set on an amazing summer of sport, with the closing ceremony of the Paralympic Games held earlier this month. Again, British sportsmen and women exceeded all expectations, finishing third with 34 golds and a total of 120 medals.
On the legal front, September may have seemed a quiet month to some, as if everyone had stopped to watch the Games (or gone on vacation, along with the courts). However:
- The cabinet reshuffle gave us a new construction minister, Michael Fallon MP.
- The 2012-13 edition of the Construction and Projects multi-jurisdictional guide was published, along with new notes on vicarious liability and judicial review of public procurement decisions, and substantially revised versions of the notes on development agreements and remedies in public procurement. We also published an article on corporate personality.
- The RIBA announced that a 2012 version of its suite of professional appointments is on its way. The JCT published a practice note on tendering and an update to its building contracts, taking into account the RICS’ New Rules of Measurement (NRM). Further afield, we told you about the FIDIC Silver Book.
Although the courts were closed for vacation, judgments continued to be published, including one on the reasonableness of a set-off clause and one where the successful claimant was ordered to pay the majority of the defendant’s costs. It was also confirmed that the costs management pilot will continue until March 2013. For smaller claims, we told you about money claims online.
Adjudication isn’t usually affected by the summer vacation, and the RICS published new guidance for adjudicators (which Jonathan Cope discussed) and the Scottish courts (and Matt Molloy) looked at adjudicators’ reasons. There was also a discussion on using adjudication for disputes under partnering contracts and set-off against adjudicators’ decisions.
James Sharpe told you about the reasonableness of exclusion clauses in downstream supply contracts. The judgment in Ampleforth v Turner & Townsend has also attracted considerable attention, with discussions on limitations of liability and letters of intent.
Late payments constantly worry those involved in the construction industry and BIS continues to consult on implementing the new Late Payments Directive. Snagging is another perennial issue, and we told you all about snagging lists. There was also an announcement about the relaxation of permitted development rights. Construction work may be at a 32-year low (according to some press reports), but announcements about financing infrastructure projects have been made and Edward Davies gave you some tips for when you start a project. Further health and safety announcements are expected later this year too.
If public procurement interests you, we told you about procurement of public sector construction work, and published a monthly case digest.
So you see, September was not so quiet after all!
