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We open this edition with a piece on the long awaited decision in Abbey v Simply, which decided whether a collateral warranty was a construction contract giving the beneficiary the right to statutory adjudication (spoiler alert - most will not be, but there is an exception!). We also look at some wider issues affecting the industry globally, in particular the impact of current market volatility on procurement and how to respond to the difficulties in securing bonds on construction projects. Finally, we take a closer look at two standard forms – JCT Design and Build 2024 and IChemE Blue Book. The first article focuses on the newly released 2024 edition of the JCT Design and Build contract and highlights the key amendments which seek to modernise the contract, including provisions relating to sustainability, collaboration, and early dispute resolution. The second considers the as yet untested dispute resolution clauses in the first standard form contract for EPCM procurement, the IChemE Blue Book, and how the tiered dispute resolution mechanism operates with the requirements of collaboration and co-operation. We hope that this edition provides you with some practical and thought-provoking information. As always, our team is on hand to help with any new projects or issues that you may face. Read the Summer 2024 edition here. The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website. 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Welcome to the Summer 2024 edition of our quarterly construction newsletter, Elevate.

We open this edition with a piece on the long awaited decision in Abbey v Simply, which decided whether a collateral warranty was a construction contract giving the beneficiary the right to statutory adjudication (spoiler alert - most will not be, but there is an exception!).

We also look at some wider issues affecting the industry globally, in particular the impact of current market volatility on procurement and how to respond to the difficulties in securing bonds on construction projects.

Finally, we take a closer look at two standard forms – JCT Design and Build 2024 and IChemE Blue Book. The first article focuses on the newly released 2024 edition of the JCT Design and Build contract and highlights the key amendments which seek to modernise the contract, including provisions relating to sustainability, collaboration, and early dispute resolution. The second considers the as yet untested dispute resolution clauses in the first standard form contract for EPCM procurement, the IChemE Blue Book, and how the tiered dispute resolution mechanism operates with the requirements of collaboration and co-operation.

We hope that this edition provides you with some practical and thought-provoking information. As always, our team is on hand to help with any new projects or issues that you may face.

Read the Summer 2024 edition here.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.