Construction end of year recap—2016

Construction end of year recap—2016

While 2016 has been an eventful year in many respects, we look back at some of the key developments that occurred in the world of construction law and practice.

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New legislation and protocols

This year, we finally saw the coming into force of the long-awaited Third Parties (Rights Against Insurers) Act 2010 in August, which makes it easier for a third party to issue proceedings directly against the insurer of an insolvent company, and modernises and simplifies previous legislation. See Practice Note: Construction insolvency—the Third Parties (Rights Against Insurers) Acts.

The Insurance Act 2015 also came into force in August, making radical changes to insurance law, for example by updating and replacing the existing duty to disclose every material circumstance known to the insurer with a new 'duty of fair presentation'. See News Analysis: Insurance Act 2015—what does it mean for the construction sector?

In public procurement, the Utilities Contracts Regulations 2016 and the Concession Contracts Regulations 2016 came into force in April.

The much-awaited second edition of the Pre-Action Protocol for Construction and Engineering Disputes was launched, and came into force, in November. Alexander Nissen QC, who led the drafting, explored the new protocol (see News Analysis: Exploring the new Pre-Action Protocol for Construction and Engineering Disputes) and also told us about the new referee procedure (see News Analysis: Introducing the new construction protocol referee).

Finally, the Society of Construction Law published the draft second edition of the its Delay and Disruption Protocol for comment. The consultation period lasted 8 weeks, and we now await publication of the second edition in final

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About the author:

Jon is a Professional Support Lawyer at LexisNexis, specialising in construction law.

Jon trained at Hogan Lovells and qualified into the construction disputes team there in 2011. He joined LexisNexis in February 2016. Jon has experience of acting for various parties (including employers, main contractors, subcontractors and project managers) in relation to disputes arising out of construction and engineering projects in various jurisdictions. Jon has acted for clients in TCC litigation, arbitration, adjudication and mediation as well as providing advice on various aspects of construction and engineering projects.