Beware Brexit unknown unknowns (2016) 27 9 Cons.Law 14 [Archived]
Beware Brexit unknown unknowns (2016) 27 9 Cons.Law 14 [Archived]

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Beware Brexit unknown unknowns (2016) 27 9 Cons.Law 14 [Archived]
  • Impact of EU law on English law
  • The first category: examples
  • Procurement and competition
  • Environmental, employment and health and safety law
  • Immigration
  • Likely impact on the industry?
  • The second category: examples
  • Late payment of commercial debts legislation
  • International context: Rome I and II Conventions
  • More...

ARCHIVED: This Practice Note has been archived and is not maintained.

This article appears as originally published in Construction Law on 3 November 2016 and is not maintained.

Ed Freeman of Clyde & Co looks at the implications of Brexit for construction law, of which several are important for the industry’s contracts. Amid the current uncertainty parties need to ask who will shoulder the risk of the unknown unknowns?


  1. Many areas of law and regulation relevant to construction are affected by EU law

  2. Fewer areas of construction contract law are currently affected but some instances are important

  3. Businesses will need to keep an eye on their current and future contracts to see how Brexit risks are addressed

  4. The UK will need to keep an eye on EU development which may affect the construction industry directly or indirectly but over which it may have little or no control

Much of what has been written regarding Brexit has laudably started with an intention to clarify the legal position following June’s referendum, and has ended up concluding (presumably as the author faces up to reality) that any attempt at clarification results in considerable speculation, such is the uncertainty as to the outcome of the political situation.

Furthermore, given the extent to which our membership of the European Union (as it now is) has permeated our lives over the

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