Construction Foundations newsletter - April 2015

• United Kingdom

• Construction and engineering - Foundations

21-04-2015

Welcome to Foundations – our new UK 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. We hope you find our newsletter useful and informative.

Featured article

Disputes: a toolbox of how to avoid them and how to manage them in the early stages. This month’s paper addresses two questions that we are repeatedly asked by our construction and engineering clients. The first is ‘what do I do to minimise the chance of disputes arising’? The second is ‘if a dispute does arise, what sorts of things should I be thinking about and what are my options for resolving the dispute’. The ‘toolbox’ comprises the drafting, negotiating and using contract, creating and managing records, identifying and using the right resources, proper and considered claims analysis and evaluation and dispute resolution options. If this toolbox is used properly, the occurrence of disputes will reduce in number and the resolution of disputes will be quicker, cheaper and result in a more favourable outcome. Read the full construction disputes article.

Top 3 cases

Adjudication: communicating with the adjudicator

The case of Mr Paice and Mrs Springall v Matthew Harding (t/a M J Harding Contractors) [2015] EWHC 661 (TCC) considers the issue of unilateral communication with the adjudicator before the adjudication commences. This is thought to be the first case where the court has overturned a decision on this basis. Read the full 'Adjudication: communicating with the adjudicator' article.

Adjudication: waiver in natural justice

Whilst the concept of waiver in the context of jurisdictional challenges is well understood and defined by case law, waiver in the context of natural justice challenges is less so. The case of CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd [2015] EWHC 667 (TCC) gives further guidance on this area and may serve to heighten parties’ vigilance of and response to suspected natural justice breaches. Read the full 'Adjudication: waiver in natural justice' article.

Litigation: proportionate costs order

The case of Webb v Liverpool Women’s NHS Foundation Trust [2015] EWHC 449 considers whether it is appropriate to make a proportionate costs order in a case where the claimant had failed on one part of the claim but had been successful on the other part of the claim, had ‘beat’ a previous Part 36 offer and had recovered 100% of damages. Read the full 'Litigation: proportionate costs order' article.

Latest legislation

CDM changes: what you need to know

The legislative change in the past month that will have the most impact across the industry is the coming into force of the Construction (Design and Management) Regulations 2015. These regulations replace the 2007 regulations and make a number of important changes. Our briefing provides a two minute guide to what has stayed the same and what has changed. Read the full 'CDM changes: what you need to know' article.