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“What goes without saying…”

Barrister, arbitrator and adjudicator Karen Gough of 39 Essex Chambers London describes the circumstances under which parties to adjudications can refuse to pay adjudicator’s fees, examining a Court of Appeal decision that clarifies adjudicators’ entitlement to payment on resignation for grounds not expressly dealt with in the Act or Scheme.

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When a frolic becomes unfair: new cases create more questions than answers

Barry Hembling of Watson, Farley & Williams LLP analyses two recent adjudication related judgements with implications for when a decision can be set aside on natural justice grounds. Have they provided more questions than answers?

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Building Safety Act 2022

Christopher Leadbetter, Sharni Mellors, and Iain Boyle of Clyde & Co provide an overview of the main features of the Building Safety Act, the largest ever statutory intervention in the construction industry. New obligations will impact almost all levels of the construction and development industries, they say.

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Climate clauses for construction contracts

A group of construction professionals, including lawyers, has taken a pro bono initiative to draft contract clauses to support the climate change battle. Leonie Brabant and Josh van den Dries of the Chancery Lane Project outlines the clauses and invites industry support for further related developments.

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Practical Completion – the elephant in the room

Insurance expert John D Wright of JD Risk Associates examines the insurance implications of practical completion. Liabilities for liquidated damages end with practical completion, but this can throw up difficulties, he warns.

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Disputes of the future?

Tracey Summerell of Dentons UK and Middle East reports from a disputes conference in our latest alternative dispute resolution series article. Sustainability and human rights will increasingly feature in contracts, it is clear.

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New and proposed legislation: State of play table 270

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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Uncertain response greets planning legislation

Mixed reactions met the Levelling Up & Regeneration Bill, with one industry commentator suggesting that the legislation contains “something for everyone to get upset about”. The legislation appears to come in place of a standalone Planning Bill and reduces down some of the more controversial policies that were first set out in the Planning White Paper two years ago.

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Legal terms explained: Performance Guarantees and Liquidated Damages

Performance Guarantees and their associated Liquidated Damages are important risk allocation tools, in construction contracts.

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Beyond the Looking Glass

Guest Editors James Wyatt, Megan Everett and Robert Meakin of Clyde & Co highlight key risks facing construction as revealed in their recent Looking Glass Report. The industry has the adaptability to thrive if it tackles the risks head-on and embraces new practices.

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