Editor’s comment
New Act no cure for procurement malaise
Editor Nick Barrett asks whether the long awaited Procurement Act which came into force in February is likely to result in the improvement that the UK’s public sector procurement needs.

News
Our regular news round up looks at a report predicting a rise in cladding related professional indemnity policy claims; a rise in PFI handback condition disputes; and major Heathrow Airport investment plans.

Legal terms explained
Nick Oury and Maddy Van Every of Herbert Smith Freehills LLP explain IBA’s new Site Visit Model Protocol

Guest editor
Nerves of steel with millions at stake
For steel importers facing retrospective duty claims in excess of £25 million due to purported, post-Brexit administrative errors, the battle against HMRC is just beginning. Thea Maertens, a legal director at Gateley Legal, explores other legal routes that could help to mitigate big bills from HMRC.

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 decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP. The first case they look at represents the first time that the High Court has found a “relevant liability” regarding an application for a Building Liability Order; and the second highlights that leaseholders should not bear the financial burden of fire safety remedial work, and that developers and their associated companies are the key targets for the costs of remediating fire safety defects.

Analysis
Generative Artificial Intelligence to transform construction procurement
Construction’s long and complex supply chains increasingly come under pressure, partly due to geopolitical events beyond the industry’s control, but partly also for reasons that it can often do something about. Kelly Boorman of RSM UK examines how construction can use technology and data analysis to mitigate at least some of the resulting risks around contract performance and safety.

CL guides
Construction Law Guide to: NEC4 (Part 1)
Our latest Construction Law Guides series article comes from Corinne McCarthy of DLA Piper UK LLP who, in the first part of a two-part article, looks at the NEC Engineering and Construction Contract, of which there are six forms.

Building safety
Understanding the Building Safety Act: what real estate legislation can tell us
Barry Hembling and Dev Desai of Watson Farley & Williams LLP examine some measures introduced by the Building Safety Act 2022 that they say purposely introduce an interplay between construction law and property law. Resulting uncertainty leaves room for divergence in how courts interpret statutory language under the traditionally different legal regimes, they warn.

Mediation
Compulsory mediation before trial: cracking even the hardest nuts
Jon Shaw of 3PB asks whether making the previously voluntary process of mediation compulsory will lead to the resolution of more disputes before trial. He examines a case thought to be the first time the High Court has made such a compulsory mediation order.

Planning
Development consent process to be more efficient and faster
Ben Garbett of Keystone Law says ambitious government plans to promote investment are welcome but face some deeply embedded structural problems in the planning system that have to be solved urgently. Sweeping reforms expected in the Infrastructure & Planning Bill due in March are keenly awaited.

Contracts
Surviving termination: the enduring rights and obligations in construction contracts.
Joseph Wittenberg of Turner & Townsend Contract Services Ltd looks at uncertainty around what rights and obligations survive contract termination. The courts will assume that a party will not freely give away its common law rights, so careful clause wording could be important, he warns.

Insurance
Insuring the catastrophe risks
Insurance expert John D Wright of JD Risk Associates looks at the insurance cover available for losses incurred during catastrophes, which are on the rise due to climate change. Some risks are already uninsurable, he warns.

Alternative dispute resolution
Could ADR help shift to collaborative contracting?
Practical steps for meeting the JCT’s collaboration requirement were discussed in our June 2024 column. In our latest alternative dispute resolution (ADR) series article, Tracey Summerell considers whether the availability of a mediation-like process for key parties pre-project commencement could fast-track the establishment of trust and strong relationships that underpin collaboration.