News

Settlement reached in landmark ‘Zoom’ TCC trial

The first English Technology & Construction Court trial to be conducted entirely remotely – using video conferencing platform ‘Zoom’ – has concluded, resulting in liability for Barnet Council of over £3m following the repeated flooding of a family home.

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Nuclear procurement report commended

A procurement law specialist has commended the latest Nuclear Factory Thinking report by Constructing Excellence, which sets out recommendations for how procurement can be transformed on major nuclear projects to achieve better productivity.

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Small firms at risk as lockdown ends

Construction has been among the hardest hit sectors by the coronavirus lockdown and despite more sites beginning to reopen from this week, small firms remain at risk of insolvency, new research shows.

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Disputes avoidance guidance short on detail

New Covid-19 guidance on avoiding disputes in construction may prove helpful as a reminder to the sector of the risk of disputes, but is not legally enforceable and lacks sufficient practical detail, according to Pinsent Masons.

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Failure to manage fatigue led to road fatalities

Railway welding specialist Renown Consultants has been fined £450,000 and ordered to pay an additional £300,000 in costs for failing to ensure that two of its workers – who were fatally injured in a road collision after a night shift – were sufficiently rested to work and travel safely.

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Safety focus needed as industry restarts

Health and safety of the workforce must be a key focus for firms resuming work on construction projects following the government’s moves to begin reopening the economy this week, a legal director specialising in health and safety has urged.

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Speedier payments ordered on HS2

Tier one contractors working on High Speed 2 have been ordered to accelerate payments to their suppliers, with approved payments to be made straight away where possible.

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No return to sites yet, Scottish guidance says

Non essential construction sites should remain closed in Scotland until further notice, new guidance from the Scottish Government makes clear despite recent pleas from the industry to allow their reopening. The continued closure of sites is likely to lead to a rise in disputes, as well as insolvencies that may come as a result, lawyers warn.

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Firms face disputes risk over difficulty tracking down emails

Concern over the ability of firms involved in architecture, engineering and construction schemes to retrieve important project information held in emails – which may be critical in avoiding disputes – has been revealed in a new survey. Good record keeping can make or break a claim or defence in a construction dispute, one lawyer says.

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Courts seek views on success of remote hearings

The Civil Justice Council has launched a rapid consultation to assess the effectiveness of changes to the operation of the civil justice system that have been implemented in response to Covid-19, such as expanding the use of remote hearings. Beale & Co’s James Vernon says the consultation will assist in understanding the impact of the adjusted working practices, and highlights some of the key challenges being experienced in the courts.

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