Construction Law

Reports from the courts: July 2015

3rd August 20161st July 2015

Our regular round up of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company focus on a case where there was a dispute over whose standard terms applied; and one which shows the courts’ reluctance to intervene when guarantees are called or paid.

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Changes to permitted development rights and planning procedure

29th July 20161st July 2015

The Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (GPDO 2015) and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (DMPO 2015) came into force in April.

State of play table 201

29th July 20161st July 2015

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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Supreme Court ruling awaited

29th July 20161st July 2015

Guest editor Cecily Davis of Fieldfisher looks ahead to an appeal expected shortly against an important ruling affecting liquidated damages and asks whether the doctrine of the law should be applied against penalties in such cases.

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Legal terms explained: Liens

29th July 20161st July 2015

Liens In the broad sense a lien is the right of one person to retain possession of property of another until a claim has been met. In a construction context, a lien may give contractors and suppliers legal recourse to get paid for their work and/or any materials or supplies purchased.

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News in Brief: July 2015

29th July 20161st July 2015

Government Chief Construction Adviser Peter Hansford will not be seeking another term after his contract expires in November. Mr Hansford has been in post since November 2012, when he was appointed for a two year term that was extended in July 2014 until November this year.

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Education framework questioned

29th July 20161st July 2015

Government commitment to its promises to reform central government procurement have been called into question by an apparent about turn on an earlier ministerial promise to scrap a controversial education framework that excluded smaller firms below a minimum turnover requirement.

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Key Singapore FIDIC ruling

29th July 20161st July 2015

The Singapore Appeal Court has provided a key ruling in relation to FIDIC contracts that confirms that a contractor can go to arbitration solely over an employer’s failure to comply with the decision of a Dispute Resolution Board (DAB).

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Late payments law promised

29th July 20161st July 2015

Government plans to introduce late payments legislation in an Enterprise Bill this Parliament have been confirmed in the Queen’s Speech.

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Rising tide might sink late payment culture

29th July 20161st July 2015

It will probably surprise few to read in news this month that construction suffers more from the bugbear of late payments than any other industry; and smaller firms in the industry suffer worst of all. Waiting 80 days has not been unusual for many years, and the latest survey suggests delays of up to 107 days.

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