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Construction Law Guide to: Key Ancillary Agreements

In our latest CL Guides series article from DLA Piper, Jon Baker examines surrounding ancillary agreements.

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New and proposed legislation: State of play table 275

This table, prepared by Barrett Byrd Associates, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Fresh attempt to spur construction productivity

Calls to boost lagging productivity and improve collaboration are commonplace in construction. Widely recognised are the industry’s key drags on output and investment, which include slim profit margins, adversarial behaviour and fragmented supply chains, as well as a lack of transparency and trust.

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Legal Terms Explained: Regulatory regime for all buildings

The Building Safety Act 2022 (BSA) has devolved regulatory oversight of safety matters in connection with all UK buildings to the newly established Building Safety Regulator (BSR), a role proposed to be filled by the Health and Safety Executive.

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When is a frolic of one’s own a breach of natural justice?

Guest editors Chris Bryden and Georgia Whiting of 4 King’s Bench Walk argue that the role of natural justice is critical to the fairness of the legal decision making process, as a recent Scottish case shows.

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Reports from the courts: November 2022

Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP includes a rare example of NHBC’s arrangements with its approved contractors being tested in the courts; another case stands as a reminder to ensure that contracts are clear and unambiguous, especially when the works are divided into phases or sections, and when agreeing to design life obligations.

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Contractor losses flowing from termination of contracts

Kwadwo Sarkodie and Kiran Giblin of Mayer Brown International LLP examine issues arising from the growing number of disputes relating to termination of contracts. In the event of a contested termination on a key project, being able to formulate robust and well supported claims could prove crucial to a contractor’s survival, they warn.

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Construction Law Guide to: Document Management

In our latest Construction Guides series article from DLA Piper, Melissa Moriarty examines the importance of effective document management, which can play a key role in preventing disputes arising.

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Adjudication: Can’t pay, won’t pay!

Barrister Karen Gough of 39 Essex Chambers applauds the success of statutory adjudication in the UK in this examination of several strategies defendants can use to resist enforcement of awards. The bar to success is set very high for some of them.

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Validly serve notices before appointing an adjudicator

How will the courts approach evidence on whether a notice of adjudication was validly served when the parties’ accounts differ? Stephanie Geesink, Of Counsel at Watson Farley & Williams, reports on a ruling that suggests using email as well as hand delivery when serving documents might be a good idea.

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