New and proposed legislation: State of play table 270

This table, prepared by Barrett Byrd Associates, 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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Uncertain response greets planning legislation

Mixed reactions met the Levelling Up & Regeneration Bill, with one industry commentator suggesting that the legislation contains “something for everyone to get upset about”. The legislation appears to come in place of a standalone Planning Bill and reduces down some of the more controversial policies that were first set out in the Planning White Paper two years ago.

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Legal terms explained: Performance Guarantees and Liquidated Damages

Performance Guarantees and their associated Liquidated Damages are important risk allocation tools, in construction contracts.

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Public procurement reforms set out in legislation

Government has published the long awaited Procurement Bill, which contains a number of key points of particular interest to the construction industry.

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Ukraine conflict claims start to appear

A third of construction sector organisations have made or seen contract claims concerning the challenges caused by Russia’s war in Ukraine, with many more anticipated going forward, an industry survey conducted by Gleeds has found.

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Sector missed signs of labour exploitation

Greater industry collaboration and strong government leadership are needed to tackle labour exploitation in construction, the Independent Anti-Slavery Commissioner has urged following a police investigation known as Operation Cardinas, in which at least 33 construction companies ‘unwittingly’ paid a Romanian organised crime gang for slave labour.

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News in Brief: June 2022

KPMG is set to be fined £14.4 million after a disciplinary tribunal found that former employees misled the Financial Reporting Council as it inspected audits of collapsed contractor Carillion and software firm Regenersis.

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Social value a procurement challenge

Little attention has been given to the proposed legislative shake up of the UK’s public sector procurement that went before the House of Lords for second reading in late May. This is surprising because public sector procurement accounts for over £350Bn a year, at least some of which is regularly accompanied by inefficiencies of legendary proportions.

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Audit reforms set out to prevent Carillion repeat

Plans to revamp the UK’s audit regime through a new regulator with stronger enforcement powers, additional transparency requirements for businesses and measures to tackle the dominance of the Big Four audit firms have been confirmed by the government.

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Two receive jail sentences after fatal roof fall

Two men who were responsible for safety on a cladding job in North Shields have received suspended prison sentences after a worker fell through a fragile roof, suffering injuries that subsequently proved fatal.

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