Performance Bonds hit by Brexit and pandemic double whammy

Construction companies are reporting difficulties obtaining Performance Bonds from specialist insurers for public and private sector projects following project delays due to Brexit and now the Coronavirus crisis. Employers may have no choice but to start taking other forms of security, one lawyer says.

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Judges warn of post pandemic litigation deluge

Courts and arbitral tribunals could face a wave of commercial cases due to the Covid-19 crisis, with businesses invoking their inability to meet contractual obligations, a group of senior judges and legal academics has warned.

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Leadership council supports conflict avoidance initiative

A Conflict Avoidance Pledge designed to promote collaborative working and the use of early intervention techniques to resolve issues before they escalate into disputes has been endorsed by the Construction Leadership Council. 

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New regulations allow Damages Based Agreements in Scotland

New regulations relating to success fee arrangements in Scotland took effect on 27 April, which open the way for the use of Damages Based Agreements between businesses and solicitors in the country. DBAs could be an attractive option for cash short businesses pursuing litigation, according to legal experts.

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Sector calls for easing of lockdown on Scotland’s sites

Construction industry trade bodies have called on the Scottish Government to allow the reopening of the country's sites which closed following its recent instruction that all ‘non-essential’ works should be halted due to Coronavirus. Lawyers say there will almost certainly be an increase in disputes on account of the lockdown.

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Council asks for wind farm to be called in

Orkney Island Council has successfully requested that a planning application for a community wind farm project at Quanterness near Kirkwall be called-in by the Scottish Government for determination.

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Audit report recognises Parliament project risks

Risks associated with complex major infrastructure programmes must be addressed now if the Palace of Westminster’s Restoration & Renewal Programme is to successfully deliver a restored and working palace in the early 2030s, and achieve value for money, according to a report today from the National Audit Office (NAO).

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May hearing threatens High Speed 2 plans for Euston

A judicial review hearing that could derail the High Speed 2 project’s plans for three new tunnels to be built below properties in Camden for the railway’s approach into Euston station is set to go ahead in the High Court next month.

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Modern slavery risks must be assessed amid Covid-19

Companies need to consider how fluctuations in demand and changes in their operating models may lead to increased risks of labour exploitation, Home Office guidance on modern slavery reporting during the coronavirus pandemic says.

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Wind farm developer granted judicial review over MoD objection

Commercial wind farms developer Energiekontor UK has successfully petitioned Scotland’s Court of Session for a time extension to begin proceedings for a judicial review over the Ministry of Defence’s objection to a planned wind farm.

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