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Key recommendations of the Grenfell Tower Inquiry Report

Katherine Metcalfe of Pinsent Masons examines the key recommendations of the Grenfell Tower Inquiry Report that she says makes for sobering reading. The residents of the Grenfell Tower were comprehensively let down by a broken regulatory system whose repair will have a far reaching impact on the construction industry.

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Grenfell Inquiry findings

Ed John and Nadine Obayda of Keystone Law focus on the implications for manufacturers of construction products following publication of the Grenfell Tower Inquiry Report. Litigation is expected to follow now the report has been published, and residents and leaseholders with dwellings unfit for habitation will generally find it easiest to claim losses against the contractor or developer under the DPA 1972.

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Where’s the trigger?

Karen Gough of 39 Essex Chambers examines a recent case concerning a claim under the NHBC’s Buildmark certification and insurance scheme. A key question raised was when does time start to run for claims under the scheme; an issue needing further clarification.

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Will collateral warranties be construction contracts?

Collateral warranties are not contracts according to a Supreme Court ruling that overturns a position established eleven years ago by the Appeal Court. Scott Stiegler, Bradley Linday and Xara Kaye of Vinson & Elkins say that parties wanting to capture the benefits of adjudication might now include express adjudication clauses in collateral warranties.

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Delayed Completion Coverage

Insurance expert John D Wright warns against overlooking revenue losses from delayed completions of projects when seeking insurance cover. Increasing use of private finance on public sector schemes will likely lead to increasing demand for such policies.

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Legal terms explained – Disruption

Disruption typically refers to any hindrance or interruption to a contractor’s regular progress resulting in it incurring additional cost due to lower productivity in executing the impacted work.

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Collaborative contracting in the UK construction industry

Guest Editor Mark Macauley welcomes the shift to collaboration from the industry’s traditional adversarial relationships. Some standard form contracts have some way to go however before they can be regarded as truly collaborative.

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Reports from the courts

Our regular round up of the judgments of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at an appeal ruling emphasising that the Building Safety Fund’s objective is ensuring that remediation works are completed ’as quickly as possible’, irrespective of recoveries from third parties; and a judgment reaffirming the courts’ reluctance to exercise powers under s44(3) of the Arbitration Act 1996 and to interfere with arbitral proceedings.

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Skill shortages and planning reform at the heart of problems facing infrastructure

Infrastructure procurement looked like enjoying a bit more favourable attention under the new government than it has since the introduction of the austerity programme of former prime minister David Cameron and his chancellor George Osborne some 14 years ago. Is this early promise already being eroded?

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Construction Law Guide to: Project Bank Accounts

Our CL Guide comes from Ross Campbell of DLA Piper who explains how Project Bank Accounts are being used. Public sector use is growing but the private sector might need the spur of legislation to promote their uptake, he suggests.

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