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Pressure mounts on construction sector to reduce emissions

The UK Green Construction Board estimates the built environment contributes 40% of the UK’s carbon footprint. Pressure is, therefore, mounting on construction to find ways to reduce emissions and help meet net zero targets.

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Legal terms explained – Bonds and Guarantees

The terms “bonds” and “guarantees” are often used interchangeably, but can be distinguished as follows:

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Alliance contracting: an Australian perspective

Guest Editors Wayne Harrison and Ed Shaw of DLA Piper suggest that it is time the UK turned away from traditional forms of contracting towards alliance contracting, which is proving itself in Australia.

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Reports from the courts: April 2021

Our regular round up of the key court decisions affecting construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP. In one case the court overturned an application for summary judgment seeking enforcement of an adjudicators decision; in another the court dismissed a council’s challenge to an enforcement.

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Private finance handbacks threaten disputes

Parliament’s public spending watchdog the Public Accounts Committee has made another attack on the Private Finance Initiative, this time warning that sloppy handing back of the £60 billion of assets created under it could cost the taxpayer even more wasted money. Disputes seem almost certain, Nick Barrett reports.

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Construction Law Guide to: NEC4 (Part 1)

Corinne McCarthy of DLA Piper LLP explains the NEC4 suite of contracts in our latest Guide series article. Part 2 follows next month.

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Just wait a minute!

Barrister Karen Gough, of 39 Essex Chambers, explains how attempted smash and grab tactics can backfire in adjudications, with reference to a case where she acted for one of the parties. The case also shows the risks of serving adjudication notices by email.

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Price evaluation models for construction procurement

In this article based on a recent ‘White Paper’, Rebecca Rees and Stuart Brown of Trowers & Hamlins argue that it is essential that the industry finds alternatives to lowest price bidding and suggest other price evaluation models that could be trialled. Collaboration could also be enhanced by a changed emphasis at the procurement stage.

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Contractual Discretions and their exercise

Good faith is not recognised as a contractual term in English law but in an increasing number of judicial determinations a duty of good faith will be applied by way of exception. Cecily Davis of Fieldfisher examines relevant case law.

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Re-purposing green assets for hydrogen production

Eran Chvika and Dominique Nkoyok of Pinsent Masons LLP’s Paris Office review the opportunities for energy and infrastructure companies to focus on the production of ‘green’ hydrogen. Contractors should expect to take on most of the risks under contracts, they warn, and strict contractual obligations on safety and security and on the interface of works carried out by others are likely to flow from tight regulations and conditions imposed by financiers.

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