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Construction Law: June 2023

Editor’s comment
Remediation contract a missed opportunity
The legally binding Developer Remediation Contract being signed up to by developers might be a missed opportunity and could spark years of legal wrangling, warns Editor Nick Barrett.

News
Our regular news round up reports on another director being disqualified for cartel activity in the demolition sector; prison for a director guilty of health and safety breaches that resulted in a worker’s death; and rejection by the Appeal Court of a challenge to a road construction project.

Legal terms explained
Issues surrounding prolongation costs are explained by David Nitek and Stephanie Lam of Herbert Smith Freehills LLP.

Guest editor
Challenging a Company Voluntary Arrangement
Guest Editors Karen Morean and William O’Brien of Devonshires draw on their own experience of a recent case to show that a Company Voluntary Arrangement can be successfully challenged.

Legislation state of play table
Our regular update of the progress of legislation and government procurement related developments compiled by Construction Law staff.

Reports from the courts
Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who examine a case highlighting the importance of ensuring that payment provisions are carefully followed; and an Outer House of the Court of Session judgment from Scotland that reinforces the difficulty of challenging an adjudicator’s decision.

Analysis
Only a matter of time
Theresa Mohammed and Jack Moulder of Watson Farley & Williams LLP examine a Technology and Construction Court decision that settles a longstanding question concerning the applicability of limitation defences to adjudication. A foothold may have been created for parties seeking to raise such a defence, they argue.

CL guides
Practical Completion
Our latest Construction Law Guides series article comes from Tom Manley of DLA Piper who explains what you need to know about how Practical Completion is treated in contracts and by the courts.

Sustainability
Designing and building for Net Zero
Andrew Croft and Tim Kittow of Beale & Co Solicitors LLP report on the growing number of climate change requirements in contracts all along the contractual chain. Companies need to ensure their sustainability credentials stack up if they are to succeed with tenders, they warn.

Dispute resolution
Court provides masterclass in application of contract provisions to provide a fair result
Vijay K Bange and Paul-Raphael Shehadeh of Duane Morris consider problems relating to the enforcement of court or arbitration decisions against a background of international sanctions.

Adjudication
The issue of set-off – no one size fits all
Karen Gough of 39 Essex Chambers examines the use of set-off in an attempt to frustrate the enforcement of an adjudicator’s decision in a recent case. Numerous cases support the view that this tactic will not work, yet the attempts continue.

Courts
The extraordinary story behind the TCC
Dr Laura Lintott, Counsel at Watson Farley & Williams LLP, discusses the story behind the Technology and Construction Court, how and why it came about.

Insurance
Peace of mind can be hard to come by
Insurance expert John D Wright of JD Risk Associates advises that the insured have a responsibility to act as carefully as they would if they had no insurance cover at all. Other responsibilities will mostly be specifically set out in the policy, and strictly complied with.

Alternative dispute resolution
Expert appointments demand expert drafting
Our latest alternative dispute resolution series article from Cheryl Ferguson of Dentons UK and Middle East LLP reports on rare court guidance on the appointment of an expert.

Long running dispute reaches settlement

Galliford Try has announced plans to return cash to shareholders after the construction group settled a long-running contractual dispute.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

Major government procurement slammed by MPs

Parliament’s spending watchdog the Public Accounts Committee (PAC) has slammed a planned government Enterprise Resource Planning (ERP) procurement for not having an overarching business case and for being unfunded.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

CLC calls for more occupations to be added to immigration list

The Construction Leadership Council (CLC) is calling for additional construction industry roles to be added to the government’s list of occupations suffering skills shortages in a bid to add them to the points based immigration system.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

New national security unit to oversee procurement

The UK government has tabled amendments to its Procurement Bill that will allow ministers to ban suppliers held to pose a risk to national security from a range of contract types.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

New issue of Construction Law arriving with subscribers

The latest print edition of Construction Law will be arriving on subscriber’s desks about now, with our unique blend of in depth articles, informed and expert comment and analysis and news. As well as regular features such as the Reports from the Courts from Beale & Company Solicitors LLP, the Legislation State of Play Table and Legal Terms Explained, we have articles on subject ranging from company voluntary agreements, adjudication, practical completion, climate change clauses, insurance, and the appointment of experts.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

Challenging a Company Voluntary Arrangement

Guest Editors Karen Morean and William O’Brien of Devonshires draw on their own experience of a recent case to show that a Company Voluntary Arrangement can be successfully challenged.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Reports from the courts: June 2023

Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who examine a case highlighting the importance of ensuring that payment provisions are carefully followed; and an Outer House of the Court of Session judgment from Scotland that reinforces the difficulty of challenging an adjudicator’s decision.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Only a matter of time

Theresa Mohammed and Jack Moulder of Watson Farley & Williams LLP examine a Technology and Construction Court decision that settles a longstanding question concerning the applicability of limitation defences to adjudication. A foothold may have been created for parties seeking to raise such a defence, they argue.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.