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Top-to-bottom reform: EU outlines new “vertical” rules on distribution
September 2021Introduction On 9 July 2021, the EU Commission released a draft version of the EU Vertical Agreements Block Exemption (“VABE”)[1] for consultation, together with the accompanying vertical agreements guidelines[2]. The proposed changes are significant for businesses[3]. Vertical agreements are those which relate to the supply of goods and services between parties at different levels of… Read More >
PFI hand-back – are you at risk?
September 2021This article was first published by Building on 7 September 2021 If you were involved in design or construction of PFI projects about to expire, be prepared for fallout in the form of claims against you as the facilities are handed back. PFI was introduced by the UK government in 1992 to encourage private sector… Read More >
The Race to Net Zero; how construction is modernising their materials and construction methods ahead of 2050
September 2021With the race to 2050’s net zero target firmly upon us and the countdown to COP26 in November 2021, pressure is growing on the construction industry to arrive at ways to reduce their carbon footprint. Ultimately this may lead to the urgent revision of building materials and methods of construction and we examine some recent… Read More >
Cladding Remediation – where are we?
September 2021Up and down the country buildings clad in ACM are in various stages of ‘repair’ as the process of stripping and replacing non-compliant ACM is undertaken. Some buildings have been fully remediated, others are being remediated and no doubt that process in respect of some premises has not even started. Cladding remediation data continues to… Read More >
High Court Judgment narrows the Claimant’s route to a successful data breach claim
September 2021Warren -v- DSG Retail Limited[1] The recent judgment handed down by the High Court in this case is important for the corporate victims of cyber-attacks and their insurers. The Court dismissed claims for compensation for distress for Misuse of Private Information, Breach of Confidence and Negligence causes of action arising out of a common type… Read More >
Ms X and Galway County Council: Protecting tender information from FOI release
September 2021Introduction On 13 July 2021, the Office of the Information Commissioner in Ireland released its decision in Ms X and Galway County Council[1]. It provides a reminder of the risk to tenderers posed by freedom of information legislation, insofar as this may require all or part of tender related information to be made public. In… Read More >
US Senate Passes $1tn Infrastructure Bill
September 2021On 10 August 2021, the US Senate approved a $1tn infrastructure bill (the ‘Bill’) designed to help rebuild America’s aging roads, bridges, public transport and more. The Bill was passed by a bipartisan majority of 69:30 in the Senate (despite late efforts from former president Donald Trump to derail its progress) and promises to deliver… Read More >
Increased Penalties for Health and Safety Offences
August 2021In July 2021, we looked at recent prosecutions under the Environmental Offences Definitive Guideline including Southern Water receiving a £90 million fine for thousands of illegal discharges of sewage which polluted areas of Kent, Hampshire and Sussex. In this month’s article we consider recent prosecutions under the Health and Safety Offences, Corporate Manslaughter and Food… Read More >
Consultant held to be responsible for third party designs
August 2021Arbitration Appeal No. 1 of 2021 [2021] CSOH 41 We are increasingly seeing attempts by project clients and contractors to make consultants responsible for all design on a project and for information prepared by the client or by a third party. A recent case before the Scottish Courts has underlined the importance of resisting such… Read More >
Opportunity to help shape the approach to regulation of architects
August 2021On 16 August 2021 the Government published a Call for Evidence in respect of a review of architect regulations. Architects should take note as this provides an opportunity to comment on the way the profession is regulated and hints that significant change to the regime could be afoot. Given the effects of the COVID-19 pandemic,… Read More >