Legal

The Work at Height Regulations save lives and are hugely popular in the construction sector. But will moves to ‘sunset’ all EU laws dilute – or even destroy – them? Behind the innocuous-sounding ‘Retained EU Law (Revocation and Reform) Bill’, lies the prospect of an assault by the government on…

Tim Seal is head of construction at Ridgemont After long delays, it was recently announced that London Luton Airport had finally submitted revived plans for the construction of a second terminal. The story serves as a reminder that delay is a common feature of construction projects and should always be…

With many subcontractors bitterly regretting the fixed-price contracts they signed before inflation spiralled, James Wilmore asks whether fluctuation clauses and advance payments will become the norm “Collaborative risk-sharing will be key to preserving industry resilience and capacity moving forward.” These were the words of the Construction Leadership Council’s (CLC) product…

David Weare is a partner and Ian Smith is a senior associate at Fladgate LLP The recent decision in St James’s Oncology SPC Ltd v Lendlease Construction provides helpful guidance to PFI-project companies, design and build contractors, and employers generally when dealing with latent-defect claims. The case concerned a new…

Pictured left to right: Michelle Essen is legal director, James Ignotus is a managing associate and Jessica Tresham is a partner at law firm Womble Bond Dickinson Most people in the construction and engineering industry are familiar with the term ‘international arbitration’. They understand that it is the most popular means…

Amy Pairman is an associate at Brodies LLP The impact of COVID-19, Brexit, material shortages and increasing energy prices have dominated the last few years, but what can we expect going into 2023? New building safety regime An unavoidable topic will be building safety, in particular the changes due to…

Eric Johnstone is a senior associate at Brodies LLP Solicitors In LDC (Portfolio One) Ltd v George Downing Construction Ltd and European Sheeting Ltd [2022] EWHC 3356 (TCC), the courts have issued their most recent judgment in relation to cladding defects. Background LDC owns three student-accommodation high-rise tower blocks in Manchester.…

Aidan Steensma is of counsel and Adrian Bell is a partner in the Infrastructure, Construction and Energy Disputes team at CMS London Both the Arbitration Act and the Housing Grants, Construction and Regeneration Act (the ‘Construction Act’) were passed in 1996. Section 9 of the Arbitration Act requires a court…

Some big-name contractors have gone under in recent years without following proper redundancy procedures. With taxpayers footing the bill for payouts, is there any incentive for failing businesses to play fair? David Prosser reports Labour. Raw materials. Interest rates. As these costs all soar, the mortal threat to many construction…

Aidan Steensma is Of Counsel for infrastructure, construction and energy disputes at CMS London Concurrent delay is a favourite topic of construction lawyers, with a wide variety of views being held and a scarcity of authoritative guidance from the courts. A decision of the Technology and Construction Court (TCC) in…