Legal

Don’t forget Brexit: now is the time to assess contractual fallout

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The emerging theme of UK negotiations with the European Union is divergence, which means a major move away from the regulations and rules that have governed the industry for decades. Exactly how far the UK and EU will diverge, and in which areas, isn’t yet clear, but we do know…

COVID-19 and force majeure under JCT Design and Build contracts

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The disruption caused by the coronavirus has accelerated over the past few days and the future impact of the outbreak remains uncertain. There are already significant ramifications for construction firms continuing to deliver on contractually agreed commitments, but uncertainty remains over what will happen if contractors – many of which…

Dear prime minister: Please. Be. Clear

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For someone who has built a political career on distilling highly complex matters into three-word election-winning slogans – Take Back Control, Get Brexit Done – how on earth has the prime minister contrived to turn what should be a very simple and clear message into a confused and convoluted mess?…

The legal impact of the coronavirus crisis

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As cases of coronavirus (COVID-19) increase throughout Europe and the UK, the adverse impacts on the construction industry are becoming a reality. Industry clients and contractors need to consider both employment guidance and the impact delays may have on project completions. Employment issues While it is important to discourage unauthorised…

Spot signs of slavery and do something about it

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The construction sector employs a huge variety of people, from expert engineers to low-skilled labourers. Tough competition and tight margins put extreme pressure on costs, tempting some to cut corners and ignore checks on who is actually doing the work. This is exploited by human traffickers, who profit from controlling…

Breaking the cycle: getting major projects back on track

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Current estimates suggest HS2 is likely to cost £106bn to complete, nearly twice the original £56bn budget set out in 2015. While HS2 may be one of the most high-profile examples of a project overspending, it is not an isolated example. Industrial Megaprojects: Concepts, Strategies, and Practices for Success, a…

Greener contracts a must to meet UK’s net-zero target

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Despite the distractions of Brexit, the UK remains committed (and legally bound) to reduce its carbon emissions. We have a net zero target for greenhouse gas emissions by 2050, which will be achieved by adding and subtracting carbon units from the national carbon account. We also have five-year budgets, which…

Construction cannot breathe easy over air pollution

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Since coal was first used in London in the 13th century, people have been concerned about the quality of air. Parliament has been legislating since 1845 to control air quality, particularly pollution caused by industry. Today, about 40,000 deaths in the UK each year are thought to be attributable to exposure…

The curse of EfW contracts: when the cap doesn’t fit

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By rights, the construction of Energy from Waste (EfW) plants should be an expanding market, with investors, councils, energy providers and contractors all keen to get involved. After all, using waste to generate energy is a low-carbon solution, which also offers the huge benefit of dealing with the increasing volumes of…

New building regs and combustible materials: a year of change

Sue Ryan partner Gowling WYG

Changes made to building regulations following the publication of the Hackitt final report in May 2018 have now been in force for more than a year. It seems a good time to review progress. The changes were followed by, and should now be read alongside, further guidance published in July…