Reports from the courts: April 2018

Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP review the most recent cases of interest to construction including one highlighting that rights and remedies in respect of insolvency can apply after termination by a contractor for breach of contract; and another underlining from what point limitation periods start to run from.

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New and proposed legislation: State of play table 228

This table, prepared by Clyde & Co, 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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The National Infrastructure Commission Annual Monitoring Report 2018

Part of the remit of the National Infrastructure Commission (NIC), which was formally established in January 2017, in addition to providing advice on national infrastructure priorities, is to hold the government to account for delivering on its promises.

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Legal terms explained: Smash and grab adjudication

A ‘smash and grab’ adjudication arises where the payer fails to issue a pay less notice in accordance with the contract.

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News in Brief – April 2018

Contractor Sir Robert McAlpine must pay back over £1m to Almacantar after losing a legal battle over the £100m redevelopment of London’s Centre Point Tower.

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Zeroing in on zero retentions

Proposed legislation to protect retention monies in the event of insolvency will soon receive its second reading in the House of Commons and will then progress to detailed Parliamentary discussions in a committee stage, unless rejected by MP’s.

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Aldous Bill garners wide support

Over 60 trade bodies have so far rallied behind Sir Peter Aldous MP’s efforts to reform damaging payment practices and abuse in the construction industry.

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£6m Carillion adviser payments to be scrutinized

Payments made by Carillion to advisers in the days leading up to the firm’s liquidation will be examined by the Insolvency Service, Business Secretary Greg Clark has said.

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Call for Government to intervene on retentions

Government should intervene on retentions if the construction industry is to be ‘match-fit’ post Brexit, warns guest editor Cecily Davis of Fieldfisher in Construction Law’s April issue.

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