Editor’s comment
Regulator recommends reform of road and rail procurement
Editor Nick Barrett asks whether the latest report recommending reform to procurement will result in the long overdue changes the industry has equally as long argued for. Hold your breath if you dare, he says.
News
Our regular news round up looks at a National Audit Office report warning about risks with the novel approach to funding Sizewell C; the Financial Reporting Council closure of its Carillion related investigations; and new costs and timelines for HS2.
Legal terms explained
Solin Nawzad of Herbert Smith Freehills Kramer LLP explains what is involved with a pre construction services agreement.
Guest editor
What the energy transition means for construction
Guest Editors Jane McMonagle and Kate Morrison of Brodies LLP warn that delivery risk will be a major factor determining whether the energy transition succeeds, as a recent report details.
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 latest review of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Parfitt of Beale & Company Solicitors LLP, who examine a decision that highlights the Court’s approach to interpreting complex contracts by giving effect to the entirety of the agreement negotiated by the parties; and one where the Court of Appeal warned against overly technical challenges to payment notices and payless notices.
Analysis
CIS reform 2026: a reallocation of risk across the construction supply chain
Joshua Clough of Walker Morris LLP looks at the Construction Industry Scheme which he finds is increasingly being used as a regulatory control tool. The risks have never been higher, he warns.
CL guides
CL Guide to Contract Administration
In our latest Construction Law Guide Lynn Auchterlonie of DLA Piper UK LLP explains the challenges facing the contract administrator, considering the responsibilities and duties of this key role.
Risk
Risk would remain after retentions removal
Alexander Creswick, Megan Parry and Caroline Rossmann of Watson Farley & Williams LLP take a sceptical look at the proposed banning of retention in construction contracts. They perform a useful commercial function and other measures could address the core concerns, they argue.
Building safety
Home safe: Why building safety obligations don’t end when the construction work does
Building safety obligations don’t just end when a building is finished – for residential buildings over 18m or seven storeys, a new and demanding phase begins once the building is occupied. Part 4 of the Building Safety Act 2022 introduces a range of ongoing obligations, which Ruth Armstrong and Dawn Reynolds of Gateley Legal explore, explaining why a smooth transition from Gateway 3 to occupation can make all the difference to compliance.
Duty to warn
The duty to warn in construction contracts: a practical roadmap
Will Dudgeon of Turner & Townsend Contract Services examines the often tricky doctrine of the duty to warn. The first question to be addressed is whether such a duty even exists.
Skills crisis
The skilled labour shortage is a legal problem, not only a recruitment issue
Owen Newman and Chris Chasin of Duane Morris LLP warn that the skilled labour shortage isn’t only a recruitment problem, it has potential legal implications as well. And the crisis is not going away, so make sure your legal team is up to speed.
Insurance
Be prepared – business continuity plans
Insurance expert John D Wright of JD Risk Associates turns his attention to the need for comprehensive business continuity plans. Major interruptions along the supply chain have to be considered as well, he warns.
Alternative dispute resolution
When volatile markets squeeze the supply chain, how can ADR help manage risk?
In our latest ADR series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP argue that timely use of ADR techniques can work collaborative magic in stressful times.