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NEWS
This week's edition of Construction weekly highlights includes Royal Assent for the Infrastructure (Wales) Act 2024 (IWA 2024), a statement published by the Welsh Government regarding commencement regulations for the Procurement Act 2023 (PA 2023), and the State of Trade Survey for quarter one (Q1) 2024 published by the Federation of Master Builders (FMB).
NEWS
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) made the first building liability order under the Building Safety Act 2022 (381 Southwark Park Road v Click St Andrews), a case in which the TCC refused to grant orders for information in connection with building liability orders (BDW Trading v Ardmore Construction), commentary on the Ministry of Housing, Communities and Local Government (MHCLG)’s response to the Grenfell Tower Inquiry Phase 2 report, release of the latest contracts in the Joint Contracts Tribunal (JCT)’s 2024 suite, an examination of the impact that the Arbitration Act 2025 (AA 2025) will have on emergency arbitrator provisions, a case in which the Commercial Court upheld a seller’s ability to claim in debt for the price of unpaid goods despite a retention of title provision in the contract of sale (CE Energy v Bashar), and publication by the Construction Industry Council (CIC) of the ‘Competence Framework for Sustainability in the Built Environment’.
NEWS
This week's edition of Construction weekly highlights includes a Court of Appeal decision upholding the Technology and Construction Court (TCC)’s striking out of unparticularised and speculative heads of loss in relation to a fire safety defects claim (Wilson v HB (SWA)), the Chartered Institute of Building (CIOB)’s support for the Code for Construction Product Information, the Building (Scotland) Amendment Regulations 2025, a TCC decision reaffirming the business common sense approach to interpreting payment regimes and rejecting technical adjudication challenges (Vision Construct v Gypcraft), a Privy Council decision confirming entitlement to contractual quantum meruit under FIDIC terms (Winter v NH International), the Scottish Building Contract Committee (SBCC)’s progress update on its 2024 contract suite, the launch of the International Federation of Consulting Engineers (FIDIC)’s Carbon Management Guide, publication of the British Standards Institution (BSI)’s Retrofit Assessment for Domestic Dwellings – Code of Practice and the International Bar Association (IBA)’s Emergency Arbitration guide for young practitioners.
NEWS
This week's edition of Construction weekly highlights includes an analysis of the Employer’s power to issue instruction under the Joint Contracts Tribunal (JCT) Design and Build Contract, commentary on a Court of Appeal decision on the scope of remediation contribution orders under the Building Safety Act 2022 (Triathlon Homes v Stratford Village), publication of the British Standards Institution (BSI)’s Fire Risk Assessment – Housing – Code of Practice for residential buildings, an update on the Scottish Government's Compliance Plan Approach aimed at strengthening building safety standards in Scotland, a case in which the Technology and Construction Court (TCC) considered the scope of the residential occupiers exclusion in relation to adjudication (RBH v James), and the announcement of significant proposals by the Department for Business and Trade (DBT) to take action against late payment practices (which include measures relating to retentions in construction contracts).
NEWS
This week's edition of Construction weekly highlights includes the delivery of the Spring Budget 2024 and a summary of its key implications for the construction sector, publication of a circular letter by the Welsh Government notifying the Building Control sector of regulations made under the Building Safety Act 2022 (BSA 2022), consideration of the potential impact of artificial intelligence (AI) on construction disputes, and a report published by the Royal Institute of British Architects (RIBA) on the use of AI in the architecture profession.
NEWS
This week’s edition of Construction weekly highlights includes the Building Safety (Wales) Act receiving Royal Assent and establishing a new building safety regime for multi-occupied residential buildings in Wales, a Court of Appeal decision on the residential occupier exception and validity of pay-less notices in adjudication enforcement proceedings (RBH Building Contractors v James), a Technology and Construction Court (TCC) decision on contractual interpretation, bespoke amendments to JCT provisions and adjudicators’ powers to revise completion dates (Mace Construct v Baltic Investment Holdings), a Commercial Court decision on guarantees and loss of bargain damages arising from shipbuilding contracts under section 69 of the Arbitration Act 1996 (SLB v Pak), and the first TCC judgment considering the new suspension lifting test under the Procurement Act 2023 (Parkingeye v Velindre University NHS Trust).
NEWS
This week's edition of Construction weekly highlights includes a case where the Inner House of the Court of Session held that compliance with notice requirements was a condition precedent to the contractor’s right to recovery loss and expense (FES v HFD Construction), a case in which the Commercial Court ruled that performance bonds are autonomous contracts, independent of disputes between the parties to the underlying contract (Power Projects v Star), updated guidance from the Ministry of Housing, Communities and Local Government (MHCLG) on the amendments to the Building Safety Act 2022 (BSA 2022) introduced by the Leasehold and Freehold Reform Act 2024 (LFRA 2024), and responses from several built environment industry bodies to the Autumn Budget 2024.
NEWS
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) considered the termination procedure provisions in the JCT Design and Build Contract (Providence v Hexagon), a report on a meeting between the Construction Leadership Council (CLC) and the Building Safety Regulator (BSR) to discuss concerns relating to building control applications, guidance on non-determination applications for higher-risk building procedures updated by the Ministry of Housing, Communities and Local Government (MHCLG), guidance published by the Cabinet Office on the Procurement Act 2023 (PA 2023), and approval of the 171st Practice Direction (PD) update to the Civil Procedure Rules (CPR).
NEWS
This week's edition of Construction weekly highlights includes a case in which the Court of Appeal considered a late application to rely on expert evidence (Yesss v Warren), a case in which the Technology and Construction Court (TCC) considered preliminary issues for a declaratory relief claim in a dispute relating to the formation of a construction contract (CLS Civil Engineering v WJG Evans), the enactment of regulations in relation to registered building control approvers which derive from amendments to the Building Act 1984 (BA 1984) by the Building Safety Act 2022 (BSA 2022), and publication of the National Infrastructure and Construction Pipeline 2023 by the Infrastructure and Projects Authority (IPA).
NEWS
This week's edition of Construction weekly highlights includes analysis of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, publication of further regulations and guidance from the Welsh Government on building regulations in Wales, publication of guidance by the Scottish Government guidance on its Compliance Plan Approach (CPA) for high risk buildings in Scotland, launch of a consultation on the creation of a single construction regulator, a case in which the Technology and Construction Court (TCC) considered whether an adjudicator’s ‘approximate’ valuation gave rise to a breach of natural justice (Project One v VMA), and an announcement by the Construction Leadership Council (CLC) that the Office for Product Safety and Standards (OPSS) has opened applications for the Construction Products Register of Specialists.
NEWS
This week's edition of Construction weekly highlights includes a case where the Court of Appeal upheld a Technology and Construction Court (TCC) decision affirming that the appellant’s entitlement to levy delay damages was subject to a condition precedent (DBS v Tata), a case where the TCC considered inadvertent disclosure and the applicable principles to decide whether or not permission could be given to use those documents in the proceedings (The New Lottery Company v The Gambling Commission), CIOB’s response to the Government’s reaction to the Grenfell Tower Inquiry Phase 2 Report, publication of the Ministry of Housing, Communities and Local Government (MHCLG)’s impact assessment on the Planning and Infrastructure Bill (Bill) as well as the Royal Institute of British Architects (RIBA)’s recommendations for the Bill, and publication of the Royal Institution of Chartered Surveyors (RICS)’s UK Construction Monitor for Q1 2025.
NEWS
This week’s edition of Construction weekly highlights includes the Building Safety Regulator’s (BSR’s) introduction of the external remediation improvement plan to speed up essential higher-risk building safety works in England, a government consultation on improving proportionality in higher-risk building control work, a Ministry of Housing, Communities and Local Government (MHCLG) consultation on amending plan approval requirements for new builds and Fire Safety Order buildings, updates to Welsh Approved Documents F and L on ventilation and energy conservation, analysis of Technology and Construction Court (TCC) decisions on assignment of rights under a performance bond (Crestline v Euroins) and on the validity and effect of payment and pay less notices (Laing O’Rourke v Shepperton Studios), new Marine Management Organisation guidance on the use of marine plans in decision-making, and a Department for Business and Trade (DBT) and Office for Product Safety and Standards (OPSS) consultation on a new UK product safety framework.