New and proposed legislation: State of play table 268

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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Procuring for productivity with off-site construction

Rhetoric around speeding up project delivery and establishing a presumption in favour of highly productive modern methods of construction must now translate into decisive action, the government was urged in February.

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Legal Terms Explained: Consequential Loss

Where a contractual term has been breached, that may give rise to a claim for damages. The determination of the damages payable starts with a simple proposition: the party that sustains the loss by reason of the breach is ‘so far as money can do it, to be placed in the same situation with respect to damages, as if the contract had been performed’ (Robinson v Harman (1848) 1EX 850 at 855).

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Warning over procurement rethink on social value

Government plans to scale back emphasis on achieving wider social value outcomes from public procurement under the direction of the new Minister for Government Efficiency, Jacob Rees-Mogg, it is reported.

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Ukraine crisis adds pressure on construction margins

Knock on effects of Russia’s invasion of Ukraine are set to pile additional cost pressures on the construction sector and could force some projects to be cancelled or put on hold, Mace has warned in its latest market analysis.

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Government “missed” failed ACM fire test result, inquiry hears

Results of a “catastrophic” fire safety test on ACM cladding “just got missed” by the government some 16 years before the Grenfell Tower fire, the Inquiry into the 2017 blaze has heard.

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News in Brief April 2022

Covid-19 has worsened late payments in the UK construction industry as firms continue to struggle with cashflow, according to research carried out by Lloyds Bank.

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Backpedalling on procurement reform

Some encouraging activity has been seen on the public procurement front recently, all well reported on in Construction Law. Professor David Mosey’s recent report on frameworks has been a stand out contribution.

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Pre-qualification standard updated with sustainability requirements

Build UK has updated its Common Assessment Standard – the industry agreed question set for contractor pre-qualification – to include new questions on sustainability, diversity and cyber security.

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Climate clause set to launch for NEC contracts

NEC is adding a new clause to its NEC4 suite of standard contract forms that construction clients can use to hold firms to account over their carbon reduction promises and tackle so called ‘greenwashing’ in the sector.

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