According to the Department for Business, Innovation and Skills (BIS), the UK construction industry consists of over 300,000 firms employing over two million people and it contributed 8.3% of the nation’s GVA (Gross Value Added) in 2008. Given its undoubted importance, who is in charge of this important part of our economy? Do we even need somebody at the helm? Continue reading
Work to a privately owned residential property can range from a large, complex project to simple, cheap works. While the underlying issues are often similar to those on other construction projects, the forms of contract can be very different. Continue reading
Although much has been written about the proposed reforms to the civil litigation system, in many ways we remain slightly in the dark about how the changes, once implemented, will work in practice. In terms of how IT will assist in this, until the thirteenth lecture in LJ Jackson’s series of lectures aimed at explaining the reforms and the thinking behind them, we had heard little.
In my last blog I talked about Walter Lilly & Company Ltd v Giles Mackay and DMW Developments Ltd, where Akenhead J found that advice given by claims consultants does not attract legal professional or legal advice privilege.
That got me thinking about disclosure and privilege in adjudication proceedings. Disclosure requests are certainly something I’m seeing more and more of, so I thought it would be useful to set out my thoughts on the subject. Continue reading
In advance of the amendments to the Construction Act 1996 coming into force in October 2011, the bodies that produce standard forms of contract issued amendments to cater for the Act’s amendments. Some were simply a matter of changed wording (for example, “withholding” changed to “pay less“) but some changes to the NEC and ICC standard forms give rise to some interesting drafting questions.
In my post, The vexed question of adjudicators fees, I discussed ways that the adjudicator and the parties could manage the adjudication process to keep costs down.
That post sets out the background to this issue and refers to the Adjudication Society panel debate, Adjudicator’s fees and the costs of adjudication – over the top?, which was held at the offices of Charles Russell LLP last month.
This post looks at other issues related to adjudicators’ fees, such as the level of fees, the perceived lack of regulation and accountability of adjudicators, and challenging the reasonableness of the adjudicator’s overall fee. Continue reading
My last blog looked at the difficulties that can arise in a typical FIDIC scenario where an employer does not honour a dispute adjudication board (DAB) decision that is binding, but not final.
This blog looks at the difficulties that can arise in relation to the definition of the “dispute” that is submitted to the DAB and then to arbitration.
Algernon Charles Swinburne, Atalanta in Calydon:
“For winter’s rains and ruins are over, and all the season of snows and sins; … And in green underwood and cover, blossom by blossom the spring begins.”
March heralds the start of spring. It’s a month that is traditionally associated with the vernal equinox, the move to British summertime and the budget. While everyone welcomes the first signs of spring, less enthusiasm usually surrounds the loss of an hour’s sleep and the budget. This year was no different and while some commentators may have welcomed the government’s plans, those in construction were disappointed, with little to shout about. You can read all about it, including comment from leading practitioners, on PLC’s budget 2012 page. Continue reading
Costs management is just one aspect of Jackson LJ’s extensive civil litigation costs reforms, which are expected to come into effect in 2013. As part of the roll-out of the reforms, Jackson LJ is giving a series of lectures, designed to “explain the reforms and the thinking behind them”. His latest, the thirteenth, focused on the role of IT in the reforms. Continue reading
By now, you’ll no doubt have noticed that the ninth edition of Keating on Construction Contracts (Sweet & Maxwell, 2011) has arrived on your bookshelves.
Published earlier this year, the new edition has been eagerly awaited, not least because some of us were impatient to see what colour it was going to be (it’s a grey and orange combination this season, embellished with a touch of gold). More importantly, however, Keating has devoted an entire chapter (chapter eight) to delay and disruption claims. It’s a relief to see that it’s not just me who finds this a difficult area – the subject really is complex! Continue reading