Perspective Autumn 2018

Pobyn Miers welcomes you to our Autumn 2018 edition of ‘Perspective’ which brings you news, information and points of view on topical issues relevant to construction lawyers, architects, contractors, engineers, insurers and to all our colleagues and friends in the international and UK Construction Industry.

Fire Safety Record Information – A consideration in the light of the review of the Building Regulations
By John Gouldsmith
Part 8, section 38 of the Building Regulations 2010 for England and Wales sets out the requirements regarding Fire Safety Information. It states that: “(2) The person carrying out the work shall give fire safety information to the responsible person  not later than the date of completion of the work, or the date of occupation of the building or…..   Read More

A random selection – Choosing samples for inspection
By Michael Ogus
Experts are frequently asked to provide opinions on projects where there are defects in multiple locations. In these circumstances, it is often not feasible to inspect every location and sampling is proposed as a reasonable basis for assessment. The advantages of sampling are clear. The parties can quickly clarify the issues and quantum of the defects……  Read More

Experts in the dock – Recent criticisms of expert evidence
By Bart Kavanagh
In three recent cases, ICI v Merit, Riva v Fosters, and Energy Solutions v NDA, Sir Peter Fraser, who was recently designated as the Judge in Charge of the TCC, has criticised the provision of expert evidence. In ICI v Merit Fraser J was critical of the way in which one of the experts: argued his client’s case; dealt with issues of fact and law; interpreted the contract…..   Read More

Updates & News

Highways England’s Smart Motorways Alliance

‘Alliancing’ as a procurement method, involves the parties (clients, consultants, contractors, etc) working together to achieve a common goal; sharing risks and rewards. Alliance agreements are typically complex and require a different mind-set to traditional procurement methods (giving rise to different risks) but have been successful in the water and rail industries.

Hot on the heels of the new NEC4 Alliance Contract, Highways England is now proposing a radical new procurement plan for highways. ‘Smart Motorways’ is proposed as a 10-year alliance delivering £400m – £600m a year of work. One aspect of the “pure” alliancing model is the limited access to dispute resolution procedures – will this become the norm for government contracts; even building construction.

Government announces new housing measures

The latest news from the Government Building Safety Programme, is that following consultation on a ban of the use of combustible materials on external walls of high-rise buildings. The Government confirmed on 1 October 2018 that it will take forward this ban on all high-rise buildings that contain flats, as well as hospitals, residential care premises and student accommodation above 18 metres.

The MHCLG advise, this ban will be delivered through changes to building regulations and will limit materials available to products achieving a European classification of Class A1 or A2.

The Open Consultation Fire safety: clarification of statutory guidance (Approved Document B) closed on 11 October 2018 and Government envisage that early in 2019 –the clarified ADB and a roadmap for wider technical policy changes will be published. (Click Here)

The Enforcement of International Mediation Settlement Agreements

The Enforcement of International Mediation Settlement Agreements has taken a major step forward with UNCITRAL’s “Singapore Convention” and corresponding Model Law draft being approved, with a view to supporting international mediation in a manner similar to that of the support of the New York Convention for the enforcement of arbitral awards in International Commercial Arbitration. For some background to this latest UNCITRAL development see the article by Christopher Miers published in the Construction Law Journal. The new Singapore Convention can be found at (Click Here)