Scottish Construction Law Review 2021

Shona Frame and Sophie Malley of CMS review some important and wide-ranging developments that took place in Scottish construction law in 2021. Fittingly, as the COP26 event was held in Glasgow, sustainability was a feature of the year, with, for example, consultation launched on energy standards contained in the Building (Scotland) Regulations 2004.

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The cyber threat to construction, engineering and energy

Construction, energy and engineering companies have lagged others in taking steps to protect themselves from the growing number of cyber-attacks. Vijay K Bange and Chris Recker of Duane Morris warn that failing to take preventive measures can lead to expensive litigation.

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The bare bones of design and construction under FIDIC

In the third of our series on FIDIC forms Robert Meakin and Dominika Wlodarska of Clyde & Co make a close reading of the opening clauses of the contracts in the 2017 suite.

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Aggregation or Aggravation?

Our insurance expert John D Wright of JD Risk Associates explains why the lack of standard wordings relating to aggregation clauses in insurance contracts means that the high level of litigation over their interpretation is likely to continue.

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Pre-Action Protocol reforms

In our latest alternative dispute resolution series article Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP review proposed Civil Justice Council reforms that will impact on pre action protocols.

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New and proposed legislation: State of play table 266

This table, prepared by Barrett Byrd Associates, 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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Building safety funding plan creates uncertainty

Confusion was sparked by Housing Secretary Michael Gove’s plan to make developers pay for remediation works to replace unsafe cladding on medium rise blocks of flats in early January.

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Legal terms explained: Liability Caps and Exclusion Clauses

Liability caps Construction contracts often include provisions limiting either the contractor’s overall under the contract or specific types of liability. They allow parties to define their liabilities and allocate risk in advance.

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Poor performing suppliers to be blocked from contracts

Companies with a track record of poor delivery, fraud or corruption will be blocked from winning public contracts under new procurement rules which were confirmed by the government in its response to 2020’s consultation on the ‘Transforming Public Procurement’ green paper.

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Deregulation contributed to Grenfell disaster, Inquiry hears

Successive governments’ emphasis on deregulation created an environment where the construction industry was effectively enabled to “write its own rules”, which resulted in fire safety being compromised, the Grenfell Inquiry heard.

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