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New and proposed legislation: State of play table 272

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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Momentum grows on embodied carbon assessments

Political consensus appears to be growing behind the idea of introducing mandatory whole life carbon assessments to help address the issue of embodied CO2 in the built environment. These emissions are created during the construction of a building and include those hidden within the process of manufacturing and transporting products and materials.

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Legal Terms Explained: Defective Works

In simple terms, defective works are those which have not been constructed in accordance with the terms of the contract.

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Root and branch reform needed to tackle building safety

Guest Editor, Philip Bambagiotti of 3PB Barristers questions whether the proposed post Grenfell approach to building safety will deliver. A new law reform strategy is needed to address widespread problems of defective buildings, he argues.

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Reports from the courts: July 2022

Our latest round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who examine a case that reinforces the courts’ robust approach to adjudication enforcement, and highlights the importance of compliance with the immediate payment obligation where the requisite notices have not been served; and a fire safety related case where the decision contrasts with a recent claimant-friendly decision.

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Five years on from Grenfell – a review of progress

News editor Steve Dale takes stock of the key building safety developments which have followed in the aftermath of the Grenfell Tower fire. Progress has been slow, with some corners of the industry being urged to show greater impetus.

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Construction Law Guide to Contract Administration

In our latest CL Guides series article Lynn Auchterlonie of DLA Piper examines the role of the Contracts Administrator.

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Enabling the digital twin

Anne-Marie Friel and Alastair Dale of Pinsent Masons LLP explain why BIM will be at the heart of developing the ‘golden thread’ of digital information, and argue that contracts and procurement strategies need to change their approach to accommodate this.

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Dealing with inflation under NEC Secondary Option X1

Inflation is a problem for the industry and it is getting worse. Isobel Moorhouse and Jane Hughes of Trowers & Hamlins LLP examine how the NEC4 engineering and construction contract handles the need for price adjustments.

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The limits of limitation of liability clauses

Barristers Chris Bryden and Georgia Whiting of 4 King’s Bench Walk review recent case law affecting the use and limits of limitation clauses, which reaffirms that the courts are likely to take a strict approach to the construction of an exclusion or limitation clause, particularly where the right in question is a valuable one.

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