Magazine

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Nerves of steel with millions at stake

For steel importers facing retrospective duty claims in excess of £25 million due to purported, post-Brexit administrative errors, the battle against HMRC is just beginning. Guest Editor Thea Maertens, a legal director at Gateley Legal, explores other legal routes that could help to mitigate big bills from HMRC.

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Generative Artificial Intelligence to transform construction procurement

Construction’s long and complex supply chains increasingly come under pressure, partly due to geopolitical events beyond the industry’s control, but partly also for reasons that it can often do something about. Kelly Boorman of RSM UK examines how construction can use technology and data analysis to mitigate at least some of the resulting risks around contract performance and safety.

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Reports from the courts: March 2025

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP. The first case they look at represents the first time that the High Court has found a ‘relevant liability’ regarding an application for a Building Liability Order; and the second highlights that leaseholders should not bear the financial burden of fire safety remedial work, and that developers and their associated companies are the key targets for the costs of remediating fire safety defects.

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Construction Law Guide to: NEC4 (Part 1)

Our latest Construction Law Guide series article comes from Corinne McCarthy of DLA Piper UK LLP who, in the first part of a two-part article, looks at the NEC Engineering and Construction Contract, of which there are six forms.

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Understanding the Building Safety Act: what real estate legislation can tell us

Barry Hembling and Dev Desai of Watson, Farley & Williams LLP examine some measures introduced by the Building Safety Act 2022 that they say purposely introduce an interplay between construction law and property law. Resulting uncertainty leaves room for divergence in how courts interpret statutory language under the traditionally different legal regimes, they warn.

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Compulsory Mediation before trial: cracking even the hardest nuts

Jon Shaw of 3PB asks whether making the previously voluntary process of mediation compulsory will lead to the resolution of more disputes before trial. He examines a case thought to be the first time the High Court has made such a compulsory mediation order.

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Development consent process to be more efficient and faster

Ben Garbett of Keystone Law says ambitious government plans to promote investment are welcome but face some deeply embedded structural problems in the planning system that have to be solved urgently. Sweeping reforms expected in the Infrastructure & Planning Bill due in March are keenly awaited.

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Surviving termination: The enduring rights and obligations in construction contracts.

Joseph Wittenberg of Turner & Townsend Contract Services Ltd looks at uncertainty around what rights and obligations survive contract termination. The courts will assume that a party will not freely give away its common law rights, so careful clause wording could be important, he warns.

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Insuring the Catastrophe Risks

Insurance expert John D Wright of JD Risk Associates looks at the insurance cover available for losses incurred during catastrophes, which are on the rise due to climate change. Some risks are already uninsurable, he warns.

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Could ADR help shift to collaborative contracting?

Practical steps for meeting the JCT’s collaboration requirement were discussed in our June 2024 column. In our latest alternative dispute resolution (ADR) series article, Tracey Summerell considers whether the availability of a mediation-like process for key parties pre-project commencement could fast-track the establishment of trust and strong relationships that underpin collaboration.

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