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Blog author: Peter Hibberd Insolvency of any party on a building project is regrettable and something advisers should look to militate against at pre-tender stage. Pre-contract checks on financial position, current workload and resources are essential prerequisites to entering a construction contract: yet, despite such checks, insolvency remains a possibility. Although insolvency in the industry has fallen slightly over the past year, history shows that, once construction activity picks up, insolvency is likely to increase.Insolvency numbers have been lower because monetary policy has provided financial props…

Blog author: Barry Hembling – Fladgate LLP English language standard form contracts are an appropriate choice for use on international construction projects. This was the conclusion of The Hon. Sir Vivian Ramsey at the 2015 JCT Povey Lecture which considered the international applicability of the cultural and legal concepts of using such contracts abroad. The principal theme of the lecture was that parties may not be able to rely on various terms that might otherwise be implied into contracts when English standard forms are used…

Blog author: Hugh Saunders – 3PB Do you still talk about the “defects liability period”? So do I, and I don’t blame you because the phrase has been around for so long, even though modern JCT contracts use the term “Rectification Period”. Whatever you call it, problems can arise because although the clauses look quite simple there is actually a number of things going on. First, neither term really describes what the contract actually means; second, on the expiry of the Rectification Period, there is…