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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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Reports from the courts: May 2022

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP examines a case that will interest anyone hoping to invoke force majeure clauses against the background of sanctions against Russia; and another that serves as a reminder that terminating parties must take care to follow contractual termination procedures in their entirety.

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UK construction urgently needs challenging leadership

In a call to long overdue action barrister Rudi Klein of KleinLegal, formerly CEO of the Specialist Engineering Contractors Group, and risk management consultant Stephen Woodward argue that despite widespread recognition that the industry’s business model is unsustainable, reform will not be achieved unless all those with a passion for radical industry improvement are prepared to join forces to put the industry on a healthier and viable footing.

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Construction Law Guide to: Termination

The latest in our Construction Law guides series from DLA Piper is by Clare Rushton, who examines termination provisions in contracts. Termination is rarely uncontentious and frequently results in significant disputes, she warns.

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