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.