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Construction Foundations newsletter - September 2015
- United Kingdom
- Construction and engineering - Foundations
15-09-2015
Summary
Welcome to Foundations, our construction and engineering monthly newsletter. Foundations will update you with details of what we think are the top three court cases decided in the previous month, a summary of important legislation changes or proposals, and a paper providing insight and guidance on a particular area of construction law and practice in the UK (UK insight) and internationally (International Insight). We hope you find our newsletter useful and informative.
International Insight
Experts and lawyers behaving badly: what sanctions or measures are open to tribunals?
This article deals with an issue that perpetually pervades domestic and international arbitration; the improper conduct of experts and lawyers. As this article will explain, whilst sanctions available to courts to control improper conduct are reasonably well established, the sanctions available to arbitral tribunals are not so lucid.
UK Insight
A guide to the hottest topic in construction this year: smash and grab adjudications
This article examines the issues surrounding the most talked about issue in the construction industry and probably the most popular type of adjudication in the past year: smash and grab adjudications.
Top 3 cases
The importance of carefully worded security instruments: is it an on demand bond or a guarantee?
Bonds and guarantees are forms of security. The security is provided by a third party so in a typical arrangement, A contracts with B but A also enters into a separate agreement with C to protect itself against any failure by B. There are different types of bonds and the exact wording of the bond instrument is crucial in determining this as exemplified by the case of Caterpillar Motoren GmbH & Co KG v Mutual Benefits Assurance Company
Penalising costs for refusing to enter into ADR
Must parties to a dispute entertain ADR before litigating and what are the consequences if one party refuses? The case of Murray and another v Bernard develops this area of law.
Guidance for admission of expert evidence
The requirement for expert evidence is almost taken for granting in construction and engineering cases, where it is assumed that the technical nature of the dispute is sufficiently complex that the court will require help understanding it. However, expert evidence is not a mandatory right as explained in the case of British Airways Plc v Spencer and 11 others (present trustees of the British Airways Pension Scheme) [2015] EWHC 2477 (Ch).
Webinar
NEC Payment Options Explained
The talk provides a clear and practical overview of NEC3 ECC Payment Options, explaining common themes from Pricing Documents, the Fee and Schedule of Cost Components to Payment for Work Done and pricing of Compensation Events.
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.
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