Articles

Index

New opportunities (PDF)
The hotel sector is becoming increasingly attractive to investors as it still brings returns that have become elusive in the rest of the property sector but, warns Tom Johnson, the challenges ahead should not be overlooked...
Interest under Section 35A Supreme Courts Act 1981 (HTML document)
This article examines an important, but often overlooked, area of construction litigation: the application of the court's discretionary powers to award interest under Section 35A of the Supreme Court Act 1981 (the "Act"). In examining the court's discretionary powers under the Act, we will consider the recent High Court decision in Claymore Services Limited v Nautilus Properties Limited (unreported), March 2007.
Macau’s big construction boom (HTML document)
Once a sleepy Portuguese colony in Southern China – Macau is now set to surpass the American gambling capital Las Vegas as the world’s biggest gambling destination. Betting on Chinese high rollers, America’s top gaming companies are pouring billions of dollars into the Las Vegas of Asia.
Funding of major projects (HTML document)
Wednesday’s parliamentary debate on transport projects caught headlines as a taster of things to come in the untested waters of minority government in Scotland....
An escalating problem (HTML document)
To be a pricing estimator in the Gulf construction market today is no easy thing. Even when many thought 2006 would see a stabilisation of prices, steel prices rose to between $585 to $615 per tonne by the middle of the year, a 65% per cent increase in the six months from the start of the year.
Keeping the peace (HTML document)
It is perhaps surprising that the importance of an effective dispute resolution process is not more widely appreciated. A contract is not much use if it cannot be effectively and efficiently enforced. Otherwise how does the contractor get paid?
PPC2000 – Clients wanting their cake and eating it? (HTML document)
When launched in 2000, the PPC2000 was the first standard form multi-party partnering contract. It was the direct result of the Egan Report "Rethinking Construction" and it embodied many of the principles recommended by the Latham Report for a modern construction contract.
European companies exporting to China (HTML document)
An interview with Amanda Yao....
Land use rights in China (HTML document)
Owning property in China is complicated. You would hardly expect otherwise in a country where all land is owned by the state or by ‘collectives’ (usually in cases involving the countryside). There is no private ownership of land.
The cost of cleaning up fraud! (HTML document)
Social Security benefit fraud may not be an issue most commercial operations are too worried about. However, for those involved in the cleaning business, this type of fraud is not unusual.
Dealing with delay (HTML document)
Neal Morris of Pinsent Masons focuses upon the particular risk of delay and how that can best be managed, by both contractual and practical means.
FIDIC & recent infrastructure developments (HTML document)
The demand to open construction markets to international competition to improve quality, timeliness of supply and price is growing.
Compliance 2007 : in a nutshell (HTML document)
As if the construction industry didn't have enough to grapple with last year, 2007 will see big changes in the areas of health and safety, employment and tax laws with the introduction of new corporate homicide laws, CDM regulations, the new Construction Industry Scheme, enhanced maternity rights and legislation to increase paid holiday entitlement.
ECJ calls time on 'rolled up' holiday pay (HTML document)
A ruling last week by the European Court of Justice (ECJ) in the case Caulfield v Hanson Clay Products indicates ‘rolled-up’ holiday pay is unlawful.
The business of brown paper bags (HTML document)
The recent football "bungs" debacle neatly illustrates the issues faced by businesses when employing the services of agents or middlemen to facilitate business contracts. Agencies can arise automatically and the definition of "agent" in this context may surprise some people....
Sustainable Development in Infrastructure Projects– more than just an utopian ideal? (HTML document)
No one can have escaped the stark warnings on climate change and the need for those responsible for funding, procuring and building new infrastructure to have one eye on "sustainable development". A search of this phrase on Google alone produces more than 70 million hits....
Is it over wrapped? (HTML document)
The Packaging (Essential Requirements) Regulations 2003 (the "Essential Requirements Regulations") are one of the UK regulations, together with the Producer Responsibility (Packaging Waste) Regulations, implementing the European directive on Packaging and Packaging Waste.
In the fast lane (HTML document)
The Indian construction market is experiencing an unprecedented boom in activity. Much of this activity stems from the revamping of India's maligned infrastructure sector, as the country tries to catch up on years of neglect and waste. Indeed the massive programme of infrastructure development being witnessed currently, is helping to fuel a boom in the Indian economy at large.
The equal pay phenomenon and TUPE (HTML document)
In recent years, Employment Tribunals have been inundated with claims brought under the Equal Pay Act 1970 by local authority employees. In this article, we consider how the equal pay phenomenon affects private sector contractors bidding for contracts from local authorities.
Care to invest in primary care? (HTML document)
Private investment in primary healthcare real estate is by no means a new concept. Prior to the introduction of LIFT (Local Improvement Finance Trust) schemes, the majority of GP premises were owned by the private sector, namely owner occupier GPs.
The Energy Review: Balancing climate change with the UK’s energy security challenge (HTML document)
The Energy Review published by the UK Government in July has captured headlines due to the green light given for new nuclear power stations. However, the review is much more wide ranging than this and seeks to address the difficulties raised by climate change and carbon emissions while balancing the challenges facing the United Kingdom in respect of energy security over the next 20-30 years.
Complaining to the OFT - Making and keeping them interested (HTML document)
The Office of Fair Trading (OFT) is now in a position where each year it receives about 1,200 complaints alleging that there has been a breach of EC or UK competition law, but it has the resources to open investigations into less than 3% of that number (in fact about 25-40 cases) each year.
The Corporate Manslaughter Reforms – Be aware, be prepared (HTML document)
The Corporate Manslaughter and Corporate Homicide Bill (the "Bill") laid before Parliament on 19 July 2006 is the culmination of years of debate on the reform to the corporate killing laws. The Bill proposes to legislate to reform the law in England & Wales and Scotland and the new law could be in force sometime in 2007.
Blowing hot and blowing cold (HTML document)
Lawrence Davies of Pinsent Masons, reports on a recent enforcement case where the principle of election prevented the referring party from relying on new matters to bolster an adjudicator's jurisdiction.
The use of FIDIC in water projects (HTML document)
It has been forecast that by 2025, 3 billion people in 48 countries will face a water shortage. The World Bank recently acknowledged that an investment of between US $600 to US $800 billion was required over the next 10 years mainly to bring water and waste water services up to acceptable standards.
Power in China - What does the future hold? (HTML document)
The energy sector in China reflects the country’s transformation in to a major economic power house. The massive growth in its economy has been matched by a huge increase in the demand for power.
Is nothing private these days? (HTML document)
On October 2nd changes to court rules granted a new right of access to Court records allowing publication of the finer details of disputes which has not existed before. Recent changes to the court rules, effective from 2 October 2006 will make it harder for those involved in civil litigation to keep details of their court proceedings private.
The Changing Nature of Risk (HTML document)
Construction Arbitration - Past and Present (HTML document)
Arbitration is a method of private, binding and enforceable dispute resolution. It is not new but it was once considered part of a growing league of alternative dispute resolution procedures, competing with conciliation, mediation and expert determination as an alternative to more costly and often lengthy litigation.
Another String to the Bow! (HTML document)
It has become increasingly obvious to those in the construction industry that they have a choice in the way their disputes are resolved and managed. They are no longer required to submit to the sovereign jurisdiction of the national courts and adopt the procedural and evidential burdens that proving cases in those courts require.
CoRWM Recommends Deep Geological Disposal of Nuclear Waste (HTML document)
The Committee for Radioactive Waste Management (“CoRWM”) is an independent committee tasked with making recommendations to the Government on how to deal with waste from the United Kingdom’s civil nuclear facilities.
The real meaning of waste (HTML document)
The question of what materials constitute waste, and therefore falls under the controls of waste legislation, has vexed lawyers and producers alike for many years. A long line of European cases has resulted in a broad definition of 'waste' in order to avoid circumventing the effectiveness of the Waste Framework Directive.
Between a rock and a hard place (HTML document)
The Government may be forced to repay millions of pounds if European Courts find aggregates tax illegal...
Pension Deficits - Counting the cost for Private Equity (HTML document)
What is your first reaction when you hear the words "defined benefit scheme"? Nowadays there is nothing more likely to cause a sharp intake of breath and collective crossing of fingers on a deal.
When in China, watch your back... (HTML document)
The incremental globalization of commercial law is a trend that few in this area have still to notice. As relentless as that trend may be, it still lags far behind developments in international trade.
Opportunities in the Indian Construction Industry (HTML document)
The decision of the Indian Government early last year to liberalise regulations governing foreign investment in India's construction and real estate market has been one of the most significant policy shifts to come out of New Delhi during the last ten years.
The Winds of Change - EPC contracts for offshore wind farms (HTML document)
Tongues started to wag some months ago when European contractors declined to bid at all for the construction of a significant UK offshore wind farm development on an EPC basis. But the pundits should not have been surprised. EPC contracting has been under mounting pressure from market forces for some years, especially in the offshore renewables sector. Its popularity may now be in rapid, indeed terminal decline.
Secondary Buyouts - Rewriting the Rules (HTML document)
Secondary buyouts are on a bit of a roll. These sales between private equity houses continue to be a valuable deal source and attractive exit routes for investors. Latest figures show that the total value of secondary buyouts increased again in 2005, accounting for over £8.5 billion.
Health & Nutrition claims - moving towards the final position (HTML document)
The process to agree the Regulations governing health and nutrition claims is drawing to a close. Although the proposals will not be finalised until early 2006 the Regulations are extensive and all food manufacturers and suppliers should make themselves aware of their content and implications, given that much of the text is now agreed.
The dragon comes calling! (HTML document)
It seems everyone wants a piece of China. was the world's number two destination for foreign investment in 2004 drawing a record US$61 billion for two years running in 2004 and 2005. With a population of 1.3 billion and GDP growth of 8.1%, China is set to be the second largest economy in the World by 2020, behind only the USA.
Cautious Optimism? - the Indian power sector (HTML document)
In the mid-1930s Mahatma Gandhi in his pursuit of freedom for Indian society, established an ashram in a remote village, in the middle of India called Segaon. Segaon had no electricity but India's political elite would make their way there to talk to Gandhi in the dark about policy...
Regeneration in the Midlands - A spider's web of legal issues (HTML document)
Regeneration of town and city centres throughout the West Midlands is fundamental to sustaining and encouraging economic growth in the region. In Birmingham city centre, the transformation effected by schemes such as Brindleyplace, the Bull Ring and the Mailbox continues...
Are you sure of your footing? (HTML document)
The limitations on an engineer's ability to use and rely on preliminary design assumptions was the subject of the recent Court of Appeal decision in the case of Mirant Asia-Pacific (Construction) Ltd* v Ove Arup & Partners International Ltd.
As Time Goes By - February 2006 (HTML document)
Construction Contracts are littered with provisions requiring things to be done within a prescribed period, be it a month, a week or a number of days and they all look deceptively simple but sadly, they are not and reckoning time under those contracts can be crucially important.
Full of Eastern Promise? (HTML document)
It has been four years since China became a member of the World Trade Organisation. During that time it has implemented a number of changes to its formerly command-based economy to open up its markets to foreign investment and competition.
Waste Management: a key to new build nuclear (HTML document)
Problem: you are the British Government in about 2001. You believe that any suggestion of supporting a policy of new build nuclear in the UK is political suicide but you privately recognise the following dynamics...
Mixing it up in Manchester (HTML document)
And on the Seventh Day, God Created Manchester". Walk around the streets of Manchester in the early 1990s and on every corner all manner of paraphernalia was proclaiming just that.
Enforcing Adjudicators' Decisions Against Householders – Update (HTML document)
Judge Toulmin's landmark decision in the case of Picardi v Cuniberti that an adjudicator's decision was unenforceable as the adjudication clause in a standard form contract fell foul of the Unfair Terms in Consumer Contracts Regulations 1999 (the Regulations) was not followed in Lovell Projects Limited v Legg and Carver and Westminster Building Company Limited v Beckingham.
Construction Law in 2005 (HTML document)
In this round-up of construction law in 2005 Chris O'Carroll of Pinsent Masons reviews some of the major developments and highlights. These include the introduction of new standard forms and decisions on the duties and responsibilities of engineers and project managers, construction management and adjudication.
Energy Privatisation in Romania (HTML document)
In recent years, Romania has begun to accelerate the opening and privatisation of its energy sector. In the process, it has become a hot spot for foreign investment.
Procurement methods in the Construction Industry (HTML document)
The choice of procurement route is vitally important to the success of any construction project. A number of different procurement routes exist but what are the essential ingredients of each and what are their relative advantages and disadvantages?
Electronic Disclosure - A clear way forward? (HTML document)
Email and electronic records have overtaken paper communications and huge amounts of potentially relevant information crucial to resolving a dispute will very probably be contained in electronic format. It comes as no surprise, therefore, that the legal framework in the Practice Direction for CPR31 is being updated...
The true value of experience (HTML document)
The lifetime of many assets may have been extended by factors including the price of oil, new technology, and trading in mature assets but the experiences and lessons from projects which have been carried out is now starting to filter through.
Energy Cooperation in the Asia Region (HTML document)
The Asia Pacific region’s major energy-importing economies – Japan, China and the Republic of Korea – share a common interest in reducing their present reliance on energy imports from the Middle East, through diversifying the range of energy resources they consume and by encouraging inward investment to finance the infrastructure projects that will be required to achieve such diversification.
Dismissals in the Construction Sector; as easy as 1, 2 3? (HTML document)
On 1 October 2004, new statutory Dismissal and Disciplinary Procedures ("DDP") came into force, setting minimum standards for the handling of dismissals and disciplinary matters. One year on and the DDP is presenting serious practical difficulties for construction employers.
Further Pensions Headache for Businesses (HTML document)
The pension woes of many PLCs have been added to as the full impact of the move to new accounting rules and regulations has become clearer.
The Complex Art of Appeal (HTML document)
Construction cases, by their very nature, can be incredibly complex so it is not surprising that applications for permission to appeal are commonplace. Greg Richards of law firm Pinsent Masons delves into the recent case of Yorkshire Water Services Limited v Taylor Woodrow Construction Northern Limited and Others and discovers that in future applications for permission to appeal in highly complicated cases may be just that little bit harder to secure.
Timely Boost for Renewables in China (HTML document)
The recent passing of the 'Renewables Law' is set to turn China into a global heavyweight in the future development of the renewable energy sector.
Nuclear Decommissioning – Challenges facing the NDA (HTML document)
On 11 August 2005, the Nuclear Decommissioning Authority ("NDA") published its first draft strategy for consultation (the "Draft Strategy"). The Draft Strategy outlines an ambitious programme for the decommissioning and clean up of the UK's civil nuclear sites, but one which faces considerable challenges.
Appeals spotlight shines on GEMA (HTML document)
The Gas and Electricity Markets Authority (GEMA) has become more accountable. Decisions GEMA makes regarding modifications to gas and electricity industry codes and agreements may now be appealed to the Competition Commission, enhancing greater regulatory accountability and certainty.
The road to success on PPP toll roads (HTML document)
The experience of early build, operate and transfer toll road projects has been mixed. Many such projects, on progressing to the operational phase, were no longer commercially viable. More creative partnership schemes between the public sector and the toll road concessionaire were required and this is understood to have been at the root of a widespread movement in recent years towards the public private partnership (PPP) model as the preferred model for international toll road projects.
Serious Organised Crime and Police Act 2005 Amendments to the Proceeds of Crime Act 2002 (HTML document)
Buried in the 179 sections and 17 schedules of the Serious Organised Crime and Police Act 2005 (SOCA) there are some important changes to the money laundering offences contained in Part 7 of the Proceeds of Crime Act 2002 (PoCA). Among other things, SOCA establishes the Serious Organised Crime Agency, popularly seen as a UK version of the FBI in the US.
Changes to Scottish Commercial Court rules and the implications for Construction Disputes (HTML document)
On January 2005, the Scottish Courts amended their Practice Note for the Rules on Commercial Actions in the Court of Session. The amendments were introduced in response to a review which noted a dissatisfaction with the practice of the Court and recommended changes. The conduct of construction & engineering disputes received particular attention in the review.
Funding Ports in the Gulf (HTML document)
Anyone who has passed through the Gulf of late will not have failed to notice the massive pace of development taking place in the region. Infrastructure projects, commercial schemes and retail developments vie for the headlines as projects become larger in scale.
Expert witnesses – can their credibility be restored? (HTML document)
The "Civil Justice Council Protocol for the Instruction of Experts to give Evidence in the Civil Courts" comes into force on 5 September 2005. It is hoped that by setting out comprehensively the duties that an expert witness owes to his client and more importantly to the court in a single protocol, it will counteract some of the damage caused to the profile of expert witnesses in recent months.
Corporate Manslaughtter - the New Landscape (HTML document)
The government finally issued, in March 2005, its draft Bill on Corporate Manslaughter together with a consultation document. This comes almost 8 years after it pledged in its first manifesto to introduce a new offence of corporate killing.
Access all areas (HTML document)
The Freedom of Information Act 2000 (FOIA) finally came into force in January this year giving individuals a statutory right to see huge amounts of information held by government departments and public bodies. In the first month alone 4000 requests for information were made.

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