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New and proposed legislation: State of play table 255

This table, prepared by Dentons UK and Middle East LLP, 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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What happens to UK law after 31 December 2020?

UK law has been intertwined with EU law for decades. Now that the UK has left the EU and, with the end of the transition or “implementation period” (IP) on 31 December 2020 rapidly approaching, what will happen to UK law from 1 January 2021?

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Legal terms explained: Global Claims in Construction Disputes

What are global claims? Construction claims can be very complex, involving a wide variety of breaches and events, with parties seeking various different types of relief.

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Design life obligations: hidden liability traps?

Guest Editors Andrew Croft and Kevin Henderson of Beale & Company Solicitors LLP warn of potential hidden liability traps with the growing use of design life obligations in contracts.

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Reports from the courts: November 2020

Our regular review of the court designs of most relevance to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focussing on a case which serves as a reminder of the courts’ approach to strike-out and summary judgment applications; and another that highlights the courts’ robust support of the ‘pay now, argue later’ principle of the Construction Act.

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Grenfell tragedy driving procurement change

The Grenfell Tower tragedy on 14 June 2017 in which 72 people lost their lives has set in motion what will be fundamental changes in the regulatory regime surrounding building regulations in the UK. Nick Barrett looks at the key procurement lessons that are emerging from the public inquiry, which could result in equally fundamental changes to how suppliers of construction services are appointed.

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Construction Law Guide to: Variations

In our latest Construction Law Guide series article from DLA Piper, Tamara Preuss describes how the often tricky issues surrounding variations are treated under contracts. Not all instructions give rise to a variation, she warns.

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Intra-EU Investment Treaties – do they still provide protection?

Vijay Bange and Matthew Friedlander of Duane Morris explain why Bilateral Investment Treaties are important and how moves within the European Union to end them threaten key protections that contractors and others might think they enjoy. Crucial ‘Sunset Clauses’ could fail to be honoured.

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Digital Early Warning Systems reduce insolvency risk

South African based project organisational behaviour specialist Anton Krause and UK construction risk management consultant Stephen Woodward describe how adopting digital early warning systems can help avoid situations like the Carillion scandal arising.

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Risk allocation in the face of Covid-19

Lucy Chadwick and Kathryn Patel of Eversheds Sutherland consider the Construction Leadership Council’s paper ‘Covid-19: Contractual Disputes & Collaboration Guidance’, offering practical advice to the paper’s recommendations when drafting construction contacts.

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