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Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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COP28: Key Takeaways and A Preview Into What Is Next
At the heart of the COP28 climate summit which recently took place in Dubai, the construction industry stood at a pivotal juncture, recognising the urgent need to redefine building standards in the era of climate change. As stewards of a sector responsible for a significant portion of global carbon emissions (approximately 40%), industry leaders and… Read More >
Lendlease Construction Limited v AECOM Limited [2023] EWHC 2620
Overview On 1 November 2023, the Technology and Construction Court handed down Judgment in Lendlease Construction (Europe) Limited v AECOM Limited [2023] EWHC 2620 (TCC). Sheena Sood of Beale & Company Solicitors LLP, Lynne McCafferty KC and Matthew Thorne acted for AECOM, the successful party. Lendlease’s claim was dismissed in its entirety with costs awarded in… Read More >
The Building Safety Regulator’s Plan for Change
The Building Safety Regulator (BSR) has published its 3-year strategic Plan. The three year plan, sets out how the BSR will carry out building safety functions between 2023 and 2026. The plan describes what work the BSR will deliver, how they will deliver this, and what they aim to achieve. The BSR will focus on… Read More >
Churchill v. Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
Introduction On 29 November 2023, the long-awaited decision of the Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council was published. The Court of Appeal has ruled that the Courts have the ability to stay proceedings for, or order, the parties to engage in alternative dispute resolution (“ADR”) process. This is a departure… Read More >
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 who report on a case that warns parties to avoid linking final dates for payment to the submission of invoices/notices; and one that cautions parties about commencing a ‘true value’ adjudication until outstanding… Read More >
HS2 Phase 2 Cancellation – What are your options?
It has now been officially confirmed that Phase 2 of High Speed 2 (“HS2”) will not be going ahead, while a new management team will take over the development of the Euston station site. See this article from last year for some thoughts on the impact of cancellation of HS2. Whilst part of the project… Read More >
Alliancing and collaboration – walking the walk
The benefits of alliancing and collaborative contracting The potential benefits of alliancing and collaborative contracting in construction are now well established in the UK. In addition to allowing the delivery of projects which are so challenging or innovative that other procurement and delivery routes are not practicable, alliancing and collaborative contracting have brought a host… Read More >
Key BSA changes for approved inspectors
Secondary legislation [1] (the Regulations) is now in force which will replace Approved Inspectors with Building Control Approvers (Approvers). The Regulations have introduced a new regulatory body, the Building Safety Regulator (the BSR), which requires all Approved Inspectors to register as Approvers. Approved Inspectors must register, or they will be prevented from taking on work.… Read More >
Balancing legal compliance against employee privacy: ICO publishes guidance for employers on monitoring workers
Introduction On October 3, 2023, the Information Commissioner’s Office (ICO) in the United Kingdom released a comprehensive guidance document titled “Employment Practices and Data Protection – Monitoring Workers.” This guidance (available here: https://ico.org.uk/media/for-organisations/uk-gdpr-guidance-and-resources/employment-information/employment-practices-and-data-protection-monitoring-workers-1-0.pdf ) aims to help employers navigate the complex landscape of monitoring employees while ensuring compliance with the UK General Data Protection Regulation… Read More >
REPORTS FROM THE COURTS
Our round up of the cases of most interest to construction from Andrew Croft and Ben Spannuth who report on a decision that shows the importance of limitation periods; and an appeal court ruling that confirms the duties owed to developers under s1(1) of the DPA. This was first published by Construction Law October 2023. CL-Oct-2023-RepCo