Connectivity and collaboration to keep construction safe

Guest Editors Kathryn Noble, Amanda Stubbs, and Charlotte Clayson of Trowers & Hamlins LLP say construction could benefit from Covid-19’s impact on adoption of digital technology. As well as fostering innovation, new legal issues will be created, they warn.

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Reports from the courts: August/September 2020

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focusing on one that underlines the courts’ reluctance to support challenges to the jurisdiction of adjudicators; and another that reinforces the position that ‘the prevention principle is not an overriding rule of public or legal policy’ and that it is possible to contract out of its application.

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High praise for invaluable Construction Law reference book

Professor David Mosey, Director, King’s College London Centre of Construction Law and Dispute Resolution, reviews the latest edition of Julian Bailey’s book Construction Law which is praised for its comprehensive coverage, scholarship and good value.

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Construction Law Guide to: Alliance Contracting

Our latest CL Guide is from Rachel Chaplin of DLA Piper and explains what Alliance Contracting means and how it works. Changes in approach are needed to make it successful.

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Changes to the UK Insolvency Regime and the Impact on Supply Contracts

Vijay Bange and Candice Light of Duane Morris describe how the new insolvency legislation making it difficult or impossible for suppliers to terminate contracts where a company has entered into a defined insolvency procedure will work. Far reaching impacts can be expected.

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Waste plant operator in receivership after losing court battle

A joint venture company operating a private finance initiative waste plant in Essex has gone into administrative receivership. This follows a recent Technology & Construction Court ruling that saw the Urbaser Balfour Beatty (UBB) company ordered to pay Essex County Council more than £10M over problems with the Tovi Eco Park facility in Basildon.

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How are construction disputes evolving?

The findings of two major surveys reveal a changing pattern of disputes in construction, as Amy Roberts, Adrian Bell and Shona Frame of CMS Cameron McKenna Nabarro Olswang LLP explain. The impact of Covid-19 and Brexit are still to be felt, they warn.

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Packham defeated but Hillingdon successful in HS2 appeals

Environmentalist and broadcaster Chris Packham has been refused permission for a judicial review of the government’s decision to green light High Speed 2 following a Court of Appeal ruling.

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Form EWS1 – a better solution needs to be found

Will Buckby and Ian Masser of Beale & Co warn consultants that they should avoid taking on work under Form EWS1 - designed to provide assurance that a high rise building is fire safety compliant - which imposes unlimited liability on them. Professional indemnity insurance could be compromised by its use, they advise.

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Measures to help the progress of DCO projects

Infrastructure planning law specialist Angus Walker of BDB Pitmans says keeping planning and consenting of nationally significant projects going will help reduce the depth of the coming recession as well as speeding up the recovery. There are practical steps to be taken that will help.

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