Practical Law

After a lull since Christmas, the TCC has sprung into action again and enforced more adjudicators’ decisions. Of wider interest (both within and oustide the construction and engineering sector), the TCC also confirmed that a mediator could be called as a witness in a claim that a settlement agreement was signed under economic duress (albeit, she will be called with the parties’ consent).

Sorting out a construction dispute can be quick and dirty (in an adjudication) or long and drawn out (like the Wembley litigation). Whether long or short, disputes mean that parties incur costs. The future of costs in civil proceedings is the subject of Sir Rupert Jackson’s report.

Concern rumbles on that swine flu could hit British shores hard this autumn: what would this mean under the industry’s standard form contracts? More immediately it is the economy (and the construction sector) that is catching a cold. As we went to press, Pierse Contracting became the most recent high-profile casualty.

With cocktails in one hand (and half an eye on the art), the JCT launched its 2009 revisions to its standard form contracts at the Institute of Contemporary Arts (18 May). However, is Revision 2 to the market-leading SBC05 and DB05 justified? We’ve noticed some of the JCT’s tweaks, but await publication of the JCT’s official “Guide” to the changes.

The snappy acronym “LDEDC” still falls from construction lawyers’ lips with ease. Now embedded in the House of Commons, June 2009 will bring us the committee stage and any last-minute changes to the Construction Act 1996. The construction aspects of the Bill passed through the House of Lords unchanged: will any changes find time and favour with MPs?