Editor’s comment
Why is one project ‘mega’ and another one not, PAC asks
Editor Nick Barrett suggests that the Treasury could start with a clearer definition of why one multi-million pound project is to be regarded as ‘mega’, yet another isn’t, when it responds to Public Accounts Committee criticism of how it proposes to oversee their delivery.
News
This month’s news round up reports on consultation opening on infrastructure planning; a Public Accounts Committee report on the Treasury’s response to Office for Value for Money recommendations for governance of mega projects; and the Energy Secretary’s vision for Great British Energy.
Legal terms explained
Luke Wagner of Herbert Smith Freehills Kramer LLP explains third party rights
Guest editor
Crude awakening: The strain on construction as the demand for data surpasses oil
Guest Editor Robert Eadie of consultants Rimkus explains the impact of the current surge in data centre development on construction. A rise in disputes is likely as the industry struggles to meet the scale and pace of the new demands; but bringing the right expertise to the table early will help avoid disputes, he argues.
Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.
Reports from the courts
In our latest reports of the cases of most interest to construction Andrew Croft, Benjamin Spannuth and Daniela Miklova of Beale & Company Solicitors LLP examine a judgment demonstrating how the residential occupier exception under s106 of the Construction Act 1996 can be raised in adjudication proceedings as a jurisdictional challenge; and one providing another reminder that the courts will seek to enforce adjudication decisions wherever possible and that parties are not entitled to commence a true value adjudication until a previous award has been complied with.
Analysis
New rights Bill raises bar for employers
Lucy Gordon of Walker Morris LLP examines the Employment Rights Bill, currently making its way through the legislative process. It places a significant burden on employers, who will need to fundamentally reassess their approach to workforce management, she warns.
CL guides
Construction Law Guide to Defects provisions in construction contracts
The latest in our Construction Law Guides series comes from Rachel Chaplin of DLA Piper LLP who explains the contractual provisions in the industry’s standard form contracts for dealing with defects.
Retentions
Revenue is vanity, profit is sanity, but cash is king.
The current government consultation on reforming retentions and tackling poor payment practices, that closes in October, is examined by Jane Hughes and Amina Al Wazzan of Trowers & Hamlins LLP.
Building safety
Two Court of Appeal judgments offer clarity on the Building Safety Act
Richard Flenley and Michael O’Connor of Charles Russell Speechlys explore how two recent Court of Appeal judgments shed much-needed light on the evolving interpretation of the Building Safety Act. Developers could face extended liability as a result of the judgments, they warn.
Building safety
The Building Safety (Wales) Bill: a new blueprint for risk, responsibility and reform
Dev Desai, Rupi Chandla and Joshua Bancroft of Watson Farley & Williams LLP explain the key changes being introduced to building safety in Wales. Expect legal friction when planning, building control and housing law interact, they warn.
Adjudication
True Value Adjudications – pushing the boundaries
Karen Gough of 39 Essex Chambers examines true value claims and possible defences. The goal posts may be moving in favour of adjudicator’s ability to award payments to responding parties, she argues.
Insurance
Claims and the Notification Trigger
Insurance expert John D Wright of JD Risk Associates warns about problems that can arise when notifying insurance companies about claims and potential claims. Basic risk management procedures can prevent many of the issues arising, he suggests.
Alternative dispute resolution
Mediation and compulsory mediation in the English courts
In the latest article in our Alternative Dispute Resolution series Linzi Hedalen and Alysha McMillan of Dentons UK and Middle East LLP examine why mandatory mediation is becoming a preferred tool for dispute resolution.