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Procuring for productivity with off-site construction

Rhetoric around speeding up project delivery and establishing a presumption in favour of highly productive modern methods of construction must now translate into decisive action, the government was urged in February.

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Legal Terms Explained: Consequential Loss

Where a contractual term has been breached, that may give rise to a claim for damages. The determination of the damages payable starts with a simple proposition: the party that sustains the loss by reason of the breach is ‘so far as money can do it, to be placed in the same situation with respect to damages, as if the contract had been performed’ (Robinson v Harman (1848) 1EX 850 at 855).

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What construction lawyers will be talking about for the rest of 2022

Guest Editors Will Buckby and Tom Howell of Beale & Company Solicitors LLP ask what the ‘new normal’ will look like for construction. The industry has shown great resilience during the past two Covid years but should continue to expect the unexpected, they warn.

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Reports from the courts: March 2022

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who look at a dispute between a houseowner and a builder that highlights the importance of parties ensuring strict compliance with the payment and termination provisions in contracts; and another where the decision stands as a reminder of the importance of having a clear contract in writing and for careful and timely invoicing.

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Bill for cladding scandal to hit pockets hard

The entire construction supply chain is in the sights of a Housing Secretary determined to make them pay for righting the cladding scandal that caused 72 deaths in the Grenfell disaster. Nick Barrett reports that the measures Michael Gove is considering could backfire if they drive companies into liquidation.

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Construction Law Guide to: Liquidated Damages

The latest in our Construction Law Guides series comes from Jennifer Price-Thomas of DLA Piper who explains how liquidated damages work.

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The prevention principle

Lucinda Hill and James Doe of HSF examine the prevention principle which although seldom invoked due to the extensive use of extension of time provisions in construction contracts, could be affected by developments in offshore and shipbuilding.

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Protocols aim to reduce Golden Thread uncertainty

Forthcoming legislation will require enhanced attention to information management along the construction supply chain, a ‘Golden Thread’ of information. Andrew Croft of Beale & Company Solicitors, May Winfield of consulting engineer Buro Happold and Simon Lewis of Womble Bond Dickinson report on two new information protocols designed to reduce related legal uncertainty.

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New Cabinet Office review of frameworks

Andrew Croft and Kevin Henderson of Beale & Company Solicitors LLP cast their eye over the recently published Cabinet Office commissioned review of construction frameworks that advised how they could achieve a ‘Gold Standard’. Employers might use it to push harder for an unfair risk-share with the project delivery team, they caution.

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Public procurement must change to support climate change battle

Public sector suppliers are aware that they need to adapt to support the climate change effort, but the public sector itself has to change procurement practices if their efforts are to result in tendering success, warn David Hansom and Hannah Chapelhow of Clyde & Co.

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