Legal

Before making a jurisdiction argument in court, assess the possible outcomes

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Alex Delin is a construction partner at Irwin Mitchell Solicitors The Technology and Construction Court (TCC) has released a decision, Bell Building Ltd v TClarke Contracting Ltd [2024] EWHC 1929 TCC, concerning the supply and installation of sub and superstructure works (subcontract works). The works were carried out by Bell…

Will a four-day week work for construction?

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Elouisa Crichton (pictured) is an employment law partner at Dentons. Additional input from construction law partners Akin Akinbode and Mark Macaulay, and managing construction practice development lawyer Tracey Summerell The government recently announced plans to allow workers the right to request a four-day working week, as an extension to existing…

Latham 30 years on – time for reform?

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A panel of industry luminaries met this week to discuss the Latham report, 30 years after it was published. The discussion touched on the increasing complexity of disputes and the quality of adjudicators, asking whether reform is needed to meet the lofty goals originally set out by Latham. It’s been…

The practical problem with Grenfell Inquiry’s higher-risk building calls

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James Mapley is an associate at Devonshires Solicitors  Contractors likely winced upon reading the Grenfell Tower Inquiry’s damming assessment of Rydon’s performance as the primary contractor on the refurbishment of the building prior to the blaze that engulfed it in 2017. ‘Failed’, ‘inexperienced’, ‘complacent’ – these descriptions are diametrically opposed…

The Latham Report: 30 years on

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Tim Seal is head of construction at law firm Ridgemont July marked the 30th anniversary of Sir Michael Latham’s 1994 seminal report Constructing the Team. As such, now is a good time to reflect on how one of its recommendations – the introduction of statutory adjudication – is faring today.…

Grenfell: 5 legal learnings the final inquiry report will build on

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Simon Shaw is a senior associate at Mayer Brown  On 17 May 2018, Dame Judith Hackitt declared that the Building Regulations regime in the UK was “not fit for purpose”. Following this, there have been a number of cases and legislative changes relating to fire-safety matters for the industry to…

Top 3 procurement challenges facing UK construction

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Pictured left to right: Alison Short, partner, Richard Black, partner, and Jennifer Fitzmaurice, principal associate PSL, Eversheds Sutherland Construction in the UK is heavily reliant on the importation of goods and materials. Unfortunately, the process of sourcing, acquiring and paying for goods has recently been beset by problems, such as…

Building Safety Act’s 30-year liability: compassionate or draconian?

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Adrian Bingham is a partner and Olivia Barrett is a trainee solicitor at Collyer Bristow There has long been recognition that claimants’ rights of action should not remain open indefinitely. The first statute to address this systematically was in 1623, and its six-year limitation period for contracts and actions of…

Six terms to avoid in construction contracts

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Issues can arise when contracts unfairly shift risks down the supply chain, often to parties that are not best equipped to manage them. A new document from Build UK aims to promote collaboration between clients, consultants, contractors, and the supply chain. Build UK says that standard forms of contracts, such…

Employers could face consequences for firing and rehiring

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Ashley Matthews is an associate in the employment team at Thomson Snell & Passmore Despite being a fast-growing sector, construction must contend with a labour shortage, rising material costs and project delays. Costly tribunal claims, loss of staff and reputational damage put unnecessary – and potentially fatal – pressure on…