Legal

Redundant process: are contractors flouting lay-off rules?

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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…

Concurrent delay: everything to play for

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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…

Hotels left in limbo by new cladding regulations

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Sue Ryan (pictured above left) and Philip Baker are construction partners, and Gemma Whittaker is a principal associate, all at Gowling WLG Amendments to the 2010 Building Regulations are due to come into force on 1 December 2022 – but may leave landlords and tenants of operational hotels questioning whether…

Scope of dispute in adjudication and breach of natural justice

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Laura Lintott is Of Counsel at the law firm Watson Farley & Williams LLP In Manor Co-Living Ltd v RY Construction Ltd, Manor Co-Living Ltd (“MCL”), as employer under the construction contract, brought a Part 8 claim against RY Construction Ltd (“RYC”) seeking declarations: first, that the adjudicator failed to…

‘It’s not working for me’: ditching an underperforming contractor

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Chris Snodin is a partner in the development and planning team of law firm Harold Benjamin Employers beware – recession may be looming. You may already be scrutinising your projects and identifying underperforming contractors. They can be a real headache, so here’s some guidance. As the employer, you may have…

What happens to your pension scheme in an insolvency?

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Emma King is a partner at law firm Eversheds Sutherland As indicators point to more distress in the sector, it’s a good time to check on your pension position. Insolvency Service data shows more than 1,000 insolvencies occurred in the construction industry in the second quarter of this year. Meanwhile,…

Take note of two legal changes for construction

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Emily Leonard (pictured above-left) is managing associate and Amaney Ehtash (right) is a trainee solicitor at law firm Womble Bond Dickinson’s Construction and Engineering team On 1 October, two major changes were introduced that will affect the construction industry. The first was a change to the Housing Grants, Construction and…

Serve a pay-less notice – don’t be caught out

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Jon Mahony is partner and head of dispute resolution at law firm Harold Benjamin What is a pay-less notice? Payment under construction contracts is regulated by Part II of the Housing Grants Construction and Regeneration Act 1996 (“the Construction Act”) and the Scheme for Construction Contract (England and Wales) Regulations…

Five cashflow pitfalls subcontractors can avoid

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Paul Ives is head of dispute resolution at Gateley Vinden It’s an extremely frustrating time for the construction industry. As a result of global disruption, there are still many ongoing issues such as delays, material shortages and cashflow restrictions. Consequently, many companies are now seeking advice as to their rights…

A look at the new building control regime for higher-risk buildings

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Brad Woodroffe (pictured above-left) is senior associate and David Parton is head of construction and engineering at CMS Cameron McKenna Nabarro Olswang LLP A recent consultation opened by the government (Consultation on implementing the new building control regime for higher-risk buildings and wider changes to the building regulations for all…