REUTERS | Dominic Ebenbichler

July 2015 digest: Aspect (again), the Budget and comment

F Scott Fitzgerald, The Great Gatsby:

“And so with the sunshine and the great bursts of leaves growing on the trees, just as things grow in fast movies, I had that familiar conviction that life was beginning over again with the summer.”

In the aftermath of the Supreme Court’s judgment in Aspect v Higgins (that there is an extended limitation period, long after the usual limitation period in contract and tort has expired), we have looked at ways for parties to address this issue in their contracts. Consequently, we have amended our professional appointments and our schedules of amendments to the JCT contracts, and provided integrated drafting notes to allow you to understand those amendments and to agree them with the other side. Michael Mendelblat has also looked at some of the issues arising and Matthew Crossley has considered some of the lessons for consultants when agreeing terms.

Cash flow may be the lifeblood of the construction industry, but adjudication is the bread and butter for many. With only two new cases this month, it may feel like that butter was spread a little thin in July, but we still managed plenty of comment (even if it wasn’t all on adjudication):

The courts have also been busy this month, with judgments in:

With such a hectic month, it is easy to forget that on 8 July we had the first Conservative budget for 18 years. We told you all about the construction aspects and published a landing page for access to all Practical Law’s coverage. Other news included CDM 2015 amendments to the ACE agreements, Rider 1 to the SCL delay protocol, a new Welsh legislation website, a consultation on ACA contracts, updated materials on NEC3, a consultation on the Posted Workers Enforcement Directive and an end to the role of Chief Construction Advisor.

Public procurement developments have included the Supreme Court’s judgment in Edenred v HM Treasury (which Michael Bowsher and Azeem Suterwalla commented on), Woods v Milton Keynes (twice) and June’s case digest.

Although the digest is usually about looking back to the previous month, this month we published our six-month case review and the Dispute Resolution and Arbitration services looked forward to the rest of 2015.

and finally…

Last month we started with a cricketing reference. As we are part-way through the Ashes, it seems apt to end by suggesting the series is nicely poised (“sit down if you are two one down”, as the Edgbaston crowd sang). Hopefully, we will see a thrilling finish, just like the Tour de France and last Saturday’s Alp d-Huez stage. What a fantastic win for Froomey and his team mates.

Practical Law Monthly digest

Leave a Reply

Your email address will not be published. Required fields are marked *

Share this post on: