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New and proposed legislation: State of play table 241

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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A green legacy for Theresa May – a radical new target of net zero emissions by 2050 and a challenge for construction

The UK’s current target for reducing greenhouse gas (GHG) emissions by 80 per cent by 2050 was set by the UK Climate Change Act in 2008. Ten years on, global focus on the need for climate change continues to intensify.

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Legal terms explained – What is concurrent liability?

Concurrent liability is where a party owes both a contractual obligation and a duty in tort (Henderson v Merrett Syndicates Ltd [1995] 2 AC 145).

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Insurance crisis means challenging times ahead for in-house counsel

Guest editor Bruce Hepburn, Chief Executive Officer of insurance consultants Mactavish, asks whether the collapse in the adequacy of insurance available to construction and engineering firms reflects more systemic problems. Is the insurance industry’s failure to embrace the Insurance Act the problem, and how can in-house lawyers compensate for that failure, he asks.

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Late payments scourge remains

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, ends his long running series of articles on construction contracts with a final look at the JCT Design and Build Contract 2016 edition. The text of the section on the always tricky issue of payments is difficult to follow, despite simplifications.

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Reports from the courts

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focussing on a decision that serves as a reminder that where new evidence becomes available or where some part of the claim has been left undecided in an earlier adjudication, it may be possible to adjudicate again in relation to the same issue; and another that provides some clarification on liquidated damages.

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Construction Law Guide to: The Construction Act

In the latest of our series of Guides to key construction law topics Jessica Tierney of DLA Piper explains the regime introduced by the Construction Act and how it works in practice.

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How much later is ‘later’?

In this update of the law on ‘smash and grab’ adjudications Vijay Bange and Tanya Chadha of Trowers & Hamlins LLP report on a case that they say seems to have been decided on policy considerations rather than having any real legal or judicial basis. Smash and grab is still with us, they argue.

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Fracking case law and its relevance to construction

Barristers Chris Bryden and Georgia Whiting of the Chambers of Timothy Raggatt QC, 4 King’s Bench Walk, examine the implications for construction of recent case law surrounding ‘fracking’ to extract shale gas.

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Collaborate or die?

Collaboration is increasingly recognised as a key area where construction falls woefully short. Well known Independent Commercial Mediator Amanda Bucklow examines some of the mental and behavioural blocks to effective collaboration.

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