Obituary
In memory of Nick Barrett 1953 – 2026
It is with deep sadness that we share the news of the passing of our Editor, Nick Barrett, at the age of 72.
News
In our regular news round up: the Metropolitan Police has officially submitted its final criminal evidence files to the Crown Prosecution Service regarding the Grenfell Tower fire disaster; a new government consultation has been launched aiming to streamline emergency and urgent works on Higher-Risk Buildings; and the latest Q3 performance figures for the construction market have been released.
Legal terms explained
Maria Avram of Herbert Smith Freehills Kramer LLP explains how remediation orders work.
Guest editor
Lessons from Durkan Estates Ltd v Wallace Estates Ltd
Guest Editor Mark Lennon of Gateley Legal analyses the impact of the Building Safety Act 2022 on high-rise building remediation by looking at the recent case of Durkan v Wallace.
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 latest reports of the court decisions of most significance to construction comes from Andrew Croft, Ben Spannuth, Daniela Miklova and Ben Boulter of Beale & Company Solicitors LLP who report on a case highlighting the importance of carefully drafted payment provisions; and another that acts as a reminder that it should be clear when documentation issued under a contract is final.
Analysis
Interim valuation dates and smash-and-grab adjudications
Anjali Shrivastava of Michael Gerard Solicitors explains how getting the payment application timing wrong can defeat a smash-and-grab adjudication. The safest course is usually the simplest one, she says.
CL guides
Construction Law guide to document management
Our latest CL Guides to construction law series article comes from Julia McKie of DLA Piper LLP. Effective document management is critical in the construction and engineering industries. Although managing project records can be difficult, if done well it can help prevent disputes or provide the evidence needed to establish entitlement if they do arise.
Standstill agreements
Don’t stand still during your standstill
Sheena Sood, Antony Smith and Kayleigh Rhodes of Beale and Co explore the practical issues and strategic steps to consider during periods of apparent inactivity, and why defendants should not stand still during a standstill.
Building Safety Act
Interpreting the Building Safety Act 2022 and determining “Parliament’s intention”
Georgia Whiting and Chris Bryden of 4 Kings Bench Walk take a look at the case law affected by the Building Safety Act 2022 to date, and chart its effects when it deals with issues that may not have been considered by Parliament when they were originally drafting the bill.
Building assessment
Building Assessment Certificates: a proportionate reset or regulatory pause?
The Building Safety Regulator has announced a reset of its approach to issuing building assessment certificates for higher-risk buildings. Dev Desai, Rupi Chandla and Daniel Grondin of Watson Farley & Willams examine the reset and its likely effects.
Contracts
Do express good faith clauses serve any purpose in construction contracts?
Joseph Wittenberg of Turner and Townsend Contract Services Ltd challenges the assumption that good faith clauses meaningfully influence contractual behaviour, questioning whether they influence outcomes or simply embellish the contract.
Insurance
The consequences of delay
Insurance expert John D Wright of JD Risk Associates examines insurance policies that can mitigate the risk of delays to construction projects. The subsequent cost of these delays can be far more than the cost of the reason for the delay in the first place.
Alternative dispute resolution
Aligning ADR with joint TCC/FTT case management to improve settlement prospects
Tracey Summerell of Dentons UK and Middle East LLP argues that an ADR strategy aligned with case management can help parties better understand the issues and enhance earlier decision making in disputes.