REUTERS | Ognen Teofilovski

August 2011 digest: riots, the clean-up and cricket

William Shakespeare, Richard II:

“His rash fierce blaze of riot cannot last, for violent fires soon burn out themselves.”

August saw some of the worst civil commotion in decades, with riots in a number of English cities. Once the violence and looting was over, the clean-up began. The impact goes much wider than just the construction and engineering industry, and the government announced a number of measures to ease the pain. The ABI also issued guidance to its members.

The effective date of the Construction Act 1996 changes moves ever closer, and PLC Construction is hosting a free webinar on 14 September, with guests Lynne McCafferty, barrister at 4 Pump Court, and John Hughes D’Aeth, partner at Berwin Leighton Paisner LLP. Why not register now?

To help your preparations, we have published schedules of amendments to the JCT’s 2011 design and build, standard and intermediate building contracts. We have also considered Tolent clauses and the Scheme’s adjudication rules and adjudicating oral contracts.

The courts are in summer recess, but we have still had a number of judgments considering a variety of issues, including unjust enrichment and restitutionapplications suitable for a pre-trial review and adjudication enforcement in Scotland when the adjudicator used his own knowledge and experience. The TCC has published its annual report and it has been confirmed that the TCC will take up its new home in the Rolls Building this autumn, as planned.

Civil litigation reforms continue (following Jackson LJ’s report in January 2010), with the construction and engineering protocol under review (as discussed here), the costs management pilot extended, the rules on after the event (ATE) insurance and contingency fees changing and other implications for the TCC.

August also saw the launch of PLC Construction’s collateral warranties in PLC FastDraft, a revised note on party walls, an end to the ICE’s conditions of contract, guidance on utility connections for developers, a discussion on concurrent delay, insurance and liability clauses, and damages and defective premises and a new note on the regulation of construction products.

And finally, in the words of AE Houseman:

“Now in Maytime to the wicket, out I march with bat and pad, see the son of grief at cricket, trying to be glad.”

Congratulations to the boys, England are world number one!

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