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New and proposed legislation: State of play table 252

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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Legal terms explained: Virtual signing and electronic signing

Since the Covid-19 pandemic forced many countries to impose lockdown measures, we have seen an increased use of virtual signing and electronic signing in order to execute original documents.

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Hard cases make bad contracts

Guest Editor Karen Kirkham of BDB Pitmans LLP says allowing rare and unforeseen events to shape contracts can create excessive risk for contractors which employers will have to pay for. Crisis driven amendments miss targets and can make matters worse, she argues.

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Storm Covid blows through the wind industry

How Covid-19 is impacting on one construction market - the wind industry - is analysed by Edward Stewart, Natalie Wardle, Colleen Galbraith and Kimberly Roberts of Bryan Cave Leighton Paisner, who focus on what reliefs may be available under FIDIC Silver Book 1999 edition.

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Reports from the courts: July 2020

Our regular round up of the court decisions of most relevance to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who focus on a case confirming that an adjudicator’s award or court judgment is needed before an established or ascertained bond can be called; and another which, although not a construction case, highlights the importance of clear drafting of exclusion clauses.

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Construction Law Guide to: Engineer, Procure and Construct contracts

In our latest CL Guides series article Harriet Farrant from DLA Piper explains how Engineer, Procure and Construct contracts work.

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Delay and disruption from Covid-19

Many companies will be relying on force majeure clauses to bail them out of Covid-19 induced problems, but some parties to contracts will be left ‘in a hole’, unable to claim reliefs or terminate onerous contracts warns Stuart Jordan of Baker Botts.

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Covid-19 and Change in Law

Contractors throughout the UK are grappling with the delays, costs and disruption caused by Covid-1 and looking to force majeure for relief. Nick Viljoen of HFW suggests that one less considered avenue for relief may be to claim that new Covid-19 Standard Operating Procedures amount to either a Change in Law or a variation.

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Covid – a catalyst for change?

Duncan Turner and Amy Roberts of CMS Cameron McKenna Nabarro Olswang LLP examine how new technologies could help the industry grapple with the immediate problems associated with a return to work post the Covid-19 shutdown. New technologies can throw up new legal challenges as well, they warn.

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To terminate or not to terminate, that is the question.

Chris Bryden and Georgia Whiting of 4 King’s Bench Walk explain how common law can support termination of a contract that does not have an express termination clause. However, there are risks associated with using the repudiatory breach strategy, they warn.

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