NEC4 guidance looks to mitigate Covid disputes

New guidance on dealing with and accommodating the impact of Covid-19 on work under the NEC4 suite of contracts has been published by the Construction Leadership Council in partnership with NEC to help promote collaboration and mitigate disputes.

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News in Brief: 6 August 2021

The Environment Agency has issued a warning to the construction and demolition industries over high quantities of contaminated plastic film and wrap originating from sites being exported overseas illegally.

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August 2021 edition of CL published

Construction Law subscribers are receiving their copies of the new August issue this week, featuring the usual range of up to date legal analysis of key sector developments.

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Lawyers warn of rising disputes over materials shortage

Severe shortages of construction products and materials which resulted in a record rise in purchasing prices last month will inevitably lead to an increase in disputes as projects suffer ensuing disruption, lawyers are warning.

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Supreme Court ruling gives clarity on liquidated damages

Firms which have had contracts terminated on projects can still be liable to pay liquidated damages accrued prior to termination in respect of uncompleted work, the Supreme Court has ruled, overturning an earlier controversial decision by the Court of Appeal.

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Highway contractors expected to act on carbon reduction

Highways England has pledged to achieve net zero in its construction and maintenance activities by 2040, with suppliers to start being required to meet emissions reduction projects on all projects from the middle of the current decade.

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Materials manufacturer fined for health and safety failings

A manufacturer of building materials has been handed fines totalling £282,100 after a worker was diagnosed with Hand Arm Vibration Syndrome (HAVS) due to repeatedly using vibrating tools above the recommended limits; and a second worker sustained electrical burns in a separate incident.

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Procurement best practice set out for public bodies

The National Audit Office has published new good practice guidance which aims to help improve management of the commercial lifecycle among public sector contracting authorities, including procurement processes.

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News in Brief: 23 July 2021

Government should pay its suppliers sooner rather than using supply chain finance, a Treasury Select Committee report on lessons learned from the failure of Greensill Capital has recommended.

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Mandatory dispute resolution declared legal

Compulsory alternative dispute resolution has been declared legal by the Civil Justice Council, which reported this week that compelling parties to take part in mediation could be “desirable and effective” in certain circumstances. However one lawyer notes that at its heart ADR requires a willingness to come to the table and negotiate.

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