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Welcome to the November edition of theNBS.com eNewsletter
As the credit crunch continues to bite, litigation within the construction industry is on the rise, and some may be tempted to cut corners. In this month's NBS eNewsletter, we take a look at some of the legal issues facing the industry, from proposed changes to the rules on self-employment, intellectual property infringement, and the spectre of corruption, to dispute avoidance and resolution.
Tax and false self-employment in the construction industry
As many as a million workers are making a false claim to be self-employed, and earning up to £100 a week more than their directly employed colleagues, depriving HM Exchequer of a calculated £350 million a year. This article looks at the recent Treasury consultation, False self-employment in construction: taxation of workers, and its possible implications.
Construction industry corruption
Just around the corner from the NBS office in Newcastle there is currently an exhibition reflecting the life and times of one-time politician T. Dan Smith, who along with architect John Poulson, was jailed 35 years ago following charges of corruption. Has anything changed in the meantime?
Video clip – Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) refers to all dispute resolution processes outside litigation where a third party assists in resolving differences. Often characterised as a quick, cheap and informal method of resolving disagreements, the last 35 years has seen a boom in ADR as an alternative route to litigious proceedings in the construction industry.
What's your problem?
What is the real stumbling block to resolving your dispute? It may be a complex issue that needs to be analysed, or it may be the people tasked with reaching a workable solution. Many disputes on a building site are the result of clashes of personalities.
Dispute avoidance: stages in a dispute
In this exclusive extract from Dispute Avoidance: A non-confrontational approach to the management of construction contracts by D. Bryan Morgan, we introduce the typical stages in a construction-related dispute.
Video clip – Rights Holders – Design Classics, Recent Rights and Wrongs
Every business needs to guard its brand, products and reputation, and that includes its intellectual property. Often associated with the music and film industries, intellectual property (IP) infringement has a much wider reach, and affects all market sectors. In this exclusive extract from NBS Learning Channels, we consider the implications of several high-profile architectural infringement cases.
Changes to the Construction Act
In July 2008, the Department of Business, Enterprise and Regulatory Reform (BERR) issued a draft Bill to amend Part 2 of the Housing Grants, Construction and Regeneration Act 1996 ("the Construction Act"). We look at its progress and implications.
Recommended reading from RIBA Bookshops
Good Practice Guide: Mediation – The popularity of mediation as a form of alternative dispute resolution has increased steadily since it became an inherent part of the Court system and was established in the Civil Procedure Rules. With the emphasis on flexibility, confidentiality, and on parties mutually working towards a negotiated agreement, mediation avoids the rigidity, cost and intrinsic risks associated with litigation. As this clear, practical guide demonstrates, mediation provides a much-needed antidote to the more adversarial dispute resolution methods which do not take into account the parties' commercial and personal interests.
Also from RIBA Bookshops:
Building Law Encyclopaedia – Building Law Encyclopaedia is a concise and authoritative reference, providing information in reasonable depth on an extensive number of legal terms, principles, phrases and issues that are commonly encountered in the construction industry. With over 1050 entries and numerous cross references, it will be an invaluable reference for architects, quantity surveyors, project managers and contractors. With detailed reference to appropriate case law and legislation, construction lawyers will also find it of considerable value in the course of their work.
Good Practice Guide: Fee Management – Fee Management is a straightforward professional guide for architects about calculating and negotiating fees to maximise profits. The advice puts equal emphasis on good administrative procedures and on the softer skills of negotiation and selling the architect's unique ability to add value to construction projects.
Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional – Knowledge of construction law and employment law is essential to running a successful construction business. This Fourth Edition of the bestselling guide provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. Like its popular previous editions, this Fourth Edition translates the sometimes-confusing theories, principles, and established rules that regulate the business into clear, lay-person's English.
Construction Law – Construction Law provides the reader with a comprehensive guide to the complex world of construction contracts, litigation, planning and environmental law, Public and EU law, statutes, safety and building regulations - all of which are thoughtfully and comprehensively explained in a clear, concise tone that is suitable for both the student and professional reader. Includes key coverage of FIDIC, NECC, JCT and ICE forms.
All books listed above are available to order from www.ribabookshops.com, from the mail order department: +44 (0) 207 256 7222 and from RIBA Bookshops in London, Birmingham, Manchester and Liverpool.
Recommended websites
adjudication.co.uk
adjudication.co.uk promotes the resolution of disputes by adjudication by providing details of decided cases on adjudication, posting news items, and other services.
Association of Independent Construction Adjudicators (AICA)
The AICA is an adjudicator nominating body in the UK. Includes information on the nomination procedure.
UK Register of Expert Witnesses
Directory of over 3,000 experienced expert witnesses in all fields. Searching is free but requires registration.
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As of November 2008,