Construct.Law - Summer 2021
Welcome to the latest edition of our construction, engineering and projects publication, Construct.Law.
The construction industry is still navigating the concurrent challenges of the COVID-19 pandemic and Brexit. However, the difficulties of the last 12 months may also create opportunities. With this in mind, we feature a number of articles on modern methods of construction, which may finally become more mainstream in the coming years.
The Housing Grants, Construction and Regeneration Act 1996 (as amended) continues to generate new case law. We look at two recent cases, concerning interim payment applications and jurisdictional issues.
The words “Subject to Contract” are often used during negotiations.We review an interesting case in the Technology and Construction Court about the effect of these words. The fiendish complexity of contractual relationships can also cause issues during construction projects. We have a couple of articles considering assignment, novation and how a “black hole” might arise. This should provide a warning to any involved in preparing construction contracts to ‘get the parties right’!
Our Essential Law series also continues, with not one but three articles covering liquidated damages – what are LADS and can they be challenged? There is news of a new regulator for construction products. Finally, there are interesting and varied articles on competition law, expert evidence and residential property developers tax. We hope you enjoy reading this edition of Construct.Law. You may also be interested in our regular podcasts, which are available on Podbean, Apple Podcasts, Spotify and on our website. Recent episodes include practical tips for handover of a successful project and a mock conference with counsel covering insurance claims and delay issues. Please do get in touch if you would like to discuss any of the issues covered by Construct. Law or if there are any topics which you would like us to cover in future editions.
Our thinking
James Worthington
Construction & Infrastructure Seminar
Experts will give insights and analysis on Building & Fire Safety, Case law updates and global supply shortages.
David Coates
Charles Russell Speechlys advises shareholders of eCommonSense on sale to ECI Software Solutions
eCommonSense is a technology solutions provider focused on the construction and building materials supply sectors.
Helen Coward
Examining the draft RPDT legislation
Helen Coward considers the important aspects of the draft legislation for the new residential property developer tax.
Henry Fea
Property Patter: Dealing with Sporting Rights over Land
Sporting rights can cause issues particularly if they are granted over land which may be developed in the future.
Jon Bond
Charles Russell Speechlys advises Silbury Finance on a £55m facility to a Jersey unit trust
Silbury provides real estate development finance for professional developers seeking to acquire and build in the UK.
Mary Barrett
Who will carry the risk? Professional indemnity crisis in construction
The UK government announced details of its ban on the use of combustible materials on high rise buildings.
Rebecca Burford
Charles Russell Speechlys acts for Cmostores Group Limited on its acquisition of JTM Plumbing Limited
CMO Group Plc, UK’s largest pureplay online retailer of building materials which recently listed on AIM.
Victoria Younghusband
The role of IFCs in the post-Brexit environment
International Financial Centres (“IFCs”), are now on a level playing field with the UK when approaching the EU market.
Simon Green
AHIC 2021
It was another exciting year at the Arabian & African Hotel Investment Conference (AHIC) .
Hamish Perry
Charles Russell Speechlys advises the founders of Compandben on the sale of the business to TopSource Worldwide
Compandben is one of the longest established international providers of employment solutions.
Carolyn Davies
Construction Update on Building Safety and the Golden Thread
Find out about the construction update on Building Safety and the Golden Thread.
David Savage
David Savage quoted by Construction News on VAT refunds under the reverse charge system
HMRC is set to compensate some construction firms for delays to reverse-charge VAT scheme repayments.
Paula Boast
Paula Boast, Glenn Bull, Anna Hackworth and Sarah Alaiwat write for CDR - Essential Intelligence: The Belt and Road Initiative
A useful reference for BI disputes in project finance, investment and construction.
Helen Coward
Residential property developer tax: Draft legislation published and technical consultation launched
While a number of important issues have been addressed in the legislation, there is still a lot outstanding.
Alexander Caton
Strategic Planning for Modern Landed Estates
The second in our series of articles on succession planning for landed estates covering a wide variety of matters.
Andrew Keeley
Andrew Keeley quoted by Construction Law on the Government’s latest National Construction & Infrastructure Pipeline
The latest Construction & Infrastructure Pipeline details planned procurements and represents the highest level of investment ever.
James Worthington
When can you set off claims against different elements of a project
The Court’s decision raises important drafting considerations for construction contracts involving multiple elements of a project.
Michael O'Connor
Drafting terms and conditions or negotiating a contract? Be wary of "unusual" and "exorbitant" exclusion clauses
When drafting a set of terms and conditions, companies must adhere to the requirements contained in the Unfair Contract Terms Act 1977
Phil Webb
Stop, collaborate and listen: Top 10 Tips with Collaboration Agreements
Providing you with the top ten tips on collaboration agreements - what should you know?
Patrick Gearon FCIArb
Patrick Gearon and Haleema Wahid write for The Oath on the rise of litigation
Patrick and Haleema consider some of the litigation funding options available in the UAE, with a particular emphasis on third-party funding.