Editor’s comment
Government slated for failures to advance post Grenfell remediation plans
Editor Nick Barrett looks at the Pubic Accounts Committee’s report on the government’s dilatory progress on post Grenfell Tower tragedy building safety. Complacency and not taking issues seriously enough are among the accusations levied by MPs.
News
Our regular news round up includes publication of the Planning and Infrastructure Bill; housebuilders demanding that product manufacturers make a bigger contribution to the Building Safety Levy; and Scottish government support for the fast developing offshore wind market.
Legal terms explained
Tse Wei Lim and Yun Wen Soh of Herbert Smith Freehills LLP explain what decennial liability means.
Guest editor
It’s tough to make predictions, especially about the future – emerging risks in construction
Guest Editor Jane Hughes of Trowers & Hamlins LLP looks back at some predictions she made in Construction Law 20 years ago, and makes some new ones. One area that she made a prediction about tragically proved to be prescient, although not in quite the way expected.
Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.
Reports from the courts
Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at a decision underlining the importance of clear and unambiguous drafting of variation clauses; and one that highlights the difficulties that insurers will face where their policyholders become insolvent.
CL guides
Construction Law Guide to: NEC4 (Part 2)
This second article on the NEC4 Engineering and Construction Contract (“ECC”), from Joanne Bennett of DLA Piper UK LLP, focusses on key aspects of core clauses 6 to 9, together with the dispute resolution options, secondary option clauses and Contract Data.
Planning
New kid or old hand – planning for data centres in the UK
The UK Government has committed to expanding the UK’s computer capacity by at least 20 times by 2030 as part of the AI Opportunities Action Plan. Sarah Fitzpatrick of Norton Rose Fulbright explains changes being made to the planning regime that will support the necessary growth in data centres.
Sustainability
Incorporating green drafting into construction contracts
Elle Cheung and Jane Hughes of Trowers & Hamlins LLP examine some sources of green drafting that provide provisions that can be incorporated into contracts. A fresh approach to drafting and risk allocation will be needed, they argue.
Building Safety Act
Information orders and liability: further developments
Chris Bryden and William Innes of 4 King’s Bench Walk analyse a case providing guidance on the conditions to be met before an Information Order will be made under the Building Safety Act. Only claims against bodies subject to a ‘relevant liability’ will succeed, the TCC has ruled.
Key building safety cases in 2025
In this review of recent key cases Richard Flenley and Mike O’Connor of Speechlys look at the impact of the Building Safety Act 2022, the biggest upheaval in construction regulation since the introduction of statutory adjudication in 1998.
Insurance
Good faith in insurance contracts
Insurance expert John D Wright explains how the obligation to act in good faith works in insurance law. Acting in good faith is a relatively recent duty in construction contracts, but it has been fundamental to insurance contracts for over 300 years.
Alternative dispute resolution
Lest we forget the value of our role in upholding the rule of law
Our latest alternative dispute resolution series article comes from Tracey Summerell of Dentons UK and Middle East LLP who looks at some recent events that show our much admired legal system at work.
