Publications

William Brown reacts to the series of amendments to the NEC4 suite of contracts.

John Doherty gives a summary of some lesser known cases from 2018, focusing on their implications for construction law and practice.

‘Smash and grab’ adjudications were predicted to end after last year’s S&T v Grove ruling; the judgement had its first test case earlier this year. By James Sargeant.

As an adjudicator with many years of experience in Construction and Procurement, I know the number of adjudications referred in Northern … Continue reading “Should Insolvency Impact on the Right to Adjudicate?”

Ben Cunningham details his thoughts on what was covered at the Construction Industry Federation Conference in September on the topic of social responsibilities in Public Procurement.

Liquidated damages are very common in the construction industry, so it is important to understand what they are and when the courts will enforce them.

When non-payment becomes an issue, often the first response is to suspend services or withhold work done. Noreen Smyth questions this response in light of the judgment in Trant v McDonald.

Claire Mc Carry discusses the ‘contra proferentem’ rule, and the importance of choosing carefully when to rely upon it.

John Doherty details the lessons which can be learned from last year’s ruling in the MT Højgaard AS v E.ON Climate and Renewables UK Robin
Rigg East Ltd case.

James Sargeant, in light of construction being named the second largest sector prone to labour exploitation, discusses how unfair contracts contribute to the issue of modern slavery.

The X22 provision in NEC4 aims to provide more commercial incentives for contractors in two-stage tenders. Chrystele Kan considers its likely impact. 

Claire Gradon considers how the recent judgements in the Word Perfect Translation Services Ltd v Minister for Public Expenditure and Reform cases need be carefully considered by contracting authorities and tenderers alike.

Procurement corruption remains a problem in construction. Edward Quigg explains the policies companies should have in place to guard against … Continue reading “11 ways construction firms can prevent procurement corruption”

Is Adjudication a dirty word? Stephen McKenna analyses why contractors are reluctant to use adjudication to resolve disputes.

In an uncertain economic climate, and with tighter statutory regulations looming post Grenfell and Carillion, construction clients are demanding much greater cost certainty. Contractors need to be careful, writes Mike Wing in the Construction Manager magazine.