Editor’s comment
Government go-slow on infrastructure investment shows no signs of abating
Editor Nick Barrett asks with a general election looming, if there is any prospect of a reversal in years of underinvestment in the UK’s infrastructure. The government’s own net zero carbon targets are at risk if the speed of delivery of investments isn’t increased.
News
Our news round up looks at Birmingham City Council on the verge of starting the judicial review application to try and reverse a government refusal to approve a major highways contract; a warning to avoid ‘group think’ in major public sector project delivery; and a new framework to promote the use of artificial intelligence in project delivery.
Legal terms explained
Kyle Melville of Herbert Smith Freehills LLP explains what is meant by Scott Schedules.
Guest editor
Retentions – time to say goodbye?
Guest Editors Jane Hughes and Isobel Moorhouse of Trowers & Hamlins LLP say that despite years of industry campaigning the end of retentions is not in sight. Minimum standards suggested by Build UK have not been taken up by the industry, which is split on the issue, and legislation would be needed to break the impasse.
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
Our regular analysis of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth, and Daniela Miklova of Beale & Company Solicitors LLP who look at a case that, among other things, provides guidance on the impartiality of adjudicators and the true construction of the bespoke payment terms agreed; and another that highlights the importance of commencing contractual negotiations early with a view to concluding them before commencing works.
Analysis
New building control changes have far reaching implications
Barry Hembling and Marcus Hensher of Watson Farley & Williams analyse changes introduced this month under the Building Safety Act that fundamentally reform building control, but have attracted little attention.
CL guides
Limitation on liability
Our latest Construction Law Guides series article from Claire Turnbull of DLA Piper looks at limitations on liability. Limitation clauses are interpreted strictly, so clear and unambiguous language should be used where a party seeks to limit liability for losses that would otherwise be recoverable.
Payments
Payment notices and contract mechanisms: the latest lessons
Kim Simon-Robert and Vaila Hornsby of Dentons UK and Middle East LLP analyse the critical aspects of payment provisions within construction contracts with regard to the latest case law, which serves as a reminder for parties to comply diligently with both the contractual and statutory requirements governing payment.
Termination
Spiking the guns of trigger-happy contractors
Barrister Nick Kaplan of 3 Paper Buildings analyses a Technology and Construction Court decision in the first case where it considered whether a contractor had validly exercised a right to terminate under a JCT contract. Permission to appeal has already been granted.
Termination
Termination: fortune may favour the brave (and well-prepared)
Termination of contracts is on the rise, even though it is still regarded as a last resort, one that carries risks. Terminating parties should treat the process as a project in its own right, advise Angus Rankin, Mat Parente and Jess Webster of Vinson & Elkins.
Building safety
First-Tier Tribunal confirms that developers, landlords and their associates must bear the costs of building safety defects
The impact of the first case shedding light on the likely scope of Remediation Contribution Orders under the Building Safety Act is examined by Doug Wass, Angus Dawson, Mark Lawrence and Andy Mather of Macfarlanes.
Insurance
Assessing the Design and Build Risk
Our regular expert insurance market commentary from John D Wright of JD Risk Associates looks at the available design and build risk cover available. Expect greater information requirements from underwriters in the wake of Grenfell before cover is provided, he warns.
Alternative dispute resolution
Non-disclosure agreements in settlement: they are not all bad!
Our latest alternative dispute resolution series article looks at the use of non disclosure agreements when settlements are reached. Tracey Summerell of Dentons UK and Middle East LLP says they have their place but need to be carefully considered.