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Climate Change, Carbon Emissions, and the Construction Industry

Guest Editors Vanessa Alarcon Duvanel, Alex Levin Canal and Alexandra Gerdes of King & Spalding LLP suggest that contractual incentives to get to net zero are a parallel and possibly faster, more flexible and less burdensome option to promote sustainable behaviour.

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Reports from the courts: October 2023

Our round up of the cases of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who report on a decision that shows the importance of limitation periods; and an appeal court ruling that confirms the duties owed to developers under s1(1) of the DPA.

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Express Yourself

A recent decision from the Scottish Court of Session suggests that Scottish and English courts are now aligned in assigning primacy to the written word in contract interpretation, as Katherine Doran and Dylan Higgins of DWF LLP explain.

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Construction Law Guide to: The site

The latest in our regular Construction Law Guides series comes from Joanne Bennett of DLA Piper, who examines legal issues relating to construction sites, including access, responsibility for the site, unforeseen conditions and ownership of materials on site.

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Building Safety Act 2022: remediation orders and the implications for the construction sector

Pauline Lam of Russell-Cooke and Robert Bowker of Tanfield Chambers examine the first Remediation Order under the Building Safety Act 2022, which is expected to have significant implications for the construction industry.

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Breaking the Mould: Water Ingress Building Defects and the Scourge of Black Mould

Modern houses can be dangerous places to live, placing increasing stress on efficiently supervising construction. Philip Bambagioti of 3PB examines the potentially fatal consequences of failure to build to prevent black mould forming in the event of water ingress.

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Appeal court backs adjudicator’s decision

Stephanie Geesink and Dom Turner-Harriss of Watson Farley & Williams take a detailed look at a successful appeal against a Technology and Construction Court decision reported on earlier this year. No breach of natural justice was created when an adjudicator decided he was bound by an earlier adjudication decision, the appeal court ruled.

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Appeal court decision shows risks of bespoke contract terms

Cheryl Ferguson of Dentons UK and Middle East LLP provides a round up of recent decisions relating to adjudication. Among the conclusions to be reached is that there are very few circumstances in which an adjudication decision will not be enforced.

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Damage by Ground Movement

Insurance expert John D Wright of JD Risk Associates examines the issues surrounding damage to property caused by ground movement. Changing insurers can create problems he warns, as the effects of subsidence can continue over long periods.

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Boosting the appeal of London as a leading dispute resolution centre

Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP examine the Arbitration Bill which they say strikes a careful balance between reform and maintaining the Act’s reliable status quo.

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