New and proposed legislation: State of play table 250

This table, prepared by Dentons UK and Middle East LLP, 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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Don’t let COVID-19 stop us eliminating modern slavery

The coronavirus pandemic (COVID-19) has created some serious issues for the construction industry. Unfortunately, the necessary focus on site safety and cash flow could result in another major challenge falling down the list of priorities – that of eliminating modern slavery from the supply chain.

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Legal terms explained: Exclusive remedy clauses

Exclusive remedy clauses limit a party’s remedies to those which are expressly stated in the contract.

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News in Brief: June 2020

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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Delay and disruption battles loom

What a difference a month makes. Four short weeks ago lockdown was in full swing and although some construction sites remained open many were effectively closed; those in Scotland were ordered to close by the Scottish Government.

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Unique dispute resolution service launches in Scotland

A unique online service for the mediation and arbitration of construction disputes has been launched in Scotland by a group of six well respected dispute resolution specialists.

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Risk management focus prevents disputes escalation

Contractors, clients and other construction industry parties are increasingly engaging in risk management, dispute avoidance and early resolution strategies, a new report from law firm CMS says.

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Collaboration essential to solve Covid-19 disputes

Greater co-operation among parties to construction projects will be essential in avoiding, mitigating and resolving disputes arising due to the impacts of Covid-19, according to the latest Global Construction Disputes report from Arcadis.

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Roadmap to recovery strategy outlined

Proposed actions and imperatives to support the construction sector’s recovery from Coronavirus are detailed in a new strategy published by the Construction Leadership Council. Lawyers have welcomed this ‘Roadmap to Recovery’, which sets out a three phase plan to be delivered over the next two years and includes a call to minimise disruption due to contractual disputes.

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Contractors reform payment practices

Two major construction companies which were previously suspended from the Prompt Payment Code have been reinstated following improvements in payment practices to their supply chain. It will be important for employers and contractors to act responsibly under construction contracts in light of the current crisis, one lawyer warns.

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