Legal

JCT sets out model for pre-emptive dispute resolution

Adrian Bell and Shona Frame are partners and Amy Roberts is an associate at law firm CMS

Shona Frame and Adrian Bell are partners, and Amy Roberts is an associate, all at law firm CMS Last month, the Joint Contracts Tribunal (JCT) released its Dispute Adjudication Board Documentation 2021 (DAB 2021). The guidance includes a model tripartite agreement to bind client, contractor and adjudicators, and is tailored…

Defective cladding: how will the courts handle leaseholder claims?

James Worthington of law firm Charles Russell Speechlys

James Worthington is a partner in the Construction, Engineering and Projects team at law firm Charles Russell Speechlys Since the tragic events of the Grenfell Tower fire, cladding claims have become increasingly common. The Technology and Construction Court (TCC) recently considered a strike-out application in the case of Naylor v…

Does limited liability apply in cases of deliberate breach?

David Young is an associate at law firm CMS

David Young is an associate at law firm CMS A recent decision by the Technology & Construction Court (TCC), in the case of Mott MacDonald Ltd v Trant Engineering Ltd, centred on the interpretation of general exclusions and limitations of liability – an area where prior cases have left conflicting…

4 pitfalls to avoid when employing EU workers in 2021

Lisa Kingston of In-House Law

Lisa Kingston is managing director of legal services firm In-House Law Brexit has brought changes to the recruitment and immigration landscape that will have huge knock-on effects in construction, hampering the sector’s ability to recruit and retain appropriate labour. Upcoming deadlines this summer will only exacerbate skills shortages, and may…

Will the Construction Playbook change our approach to risk?

Beth Fryer, legal counsel at Atkins

Beth Fryer is legal counsel at engineering consultancy Atkins In December 2020, the government published its Construction Playbook, a policy document setting out how central government expects public bodies to procure, value and deliver public works projects. The playbook’s approach is mandatory for contracting authorities and arm’s length bodies (although…

Clamping down on cartels will speed up recovery

Juliette Enser, senior director of cartels at the CMA

Juliette Enser is the senior director of cartels at the Competition and Markets Authority (CMA) Few industries are as crucial to a dynamic UK economy as construction, which is one of the reasons why the CMA has taken strong action to root out rogue cartels from the sector. With infrastructure…

Bringing in an EU worker can cost up to £10k

Alan Kennedy, associate at law firm Womble Bond Dickinson

Alan Kennedy is an associate at law firm Womble Bond Dickinson Issues with visas and increased red tape look set to price migrant workers out of the employment market, following the UK’s departure from the European Union. The fees linked to employing migrant workers from the European Economic Area (EEA)…

COVID and Brexit have increased the risk of slavery – it’s time to fight back

Joanna-Rees-portrait-300x200.jpg

With the collapse of international travel throughout the pandemic, combined with the Brexit rhetoric of ‘taking back control’, it might seem counter-intuitive to suggest that recent events have left workers more vulnerable to exploitative practices – but this is exactly what happened in 2020. The COVID-19 crisis has hit the…

The new hiring hurdles for recruiting EU workers

John Hayes employment lawyer Constantine Law

Winter is here. On 1 December 2020, the Home Office published more than 150 pieces of guidance relating to business immigration. The most important change for the construction industry is that, since 1 January 2021, all non-UK workers (apart from those from the Republic of Ireland and those who have…