Editor’s comment
HS2 cost control reform demanded – but will it be too late?
Editor Nick Barrett says a Public Accounts Committee report on HS2 provides little cheer to anyone hoping that the UK could somehow successfully deliver infrastructure investment on the scale highlighted recently as essential by the National Infrastructure Commission.
News
Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.
Legal terms explained
Hao Wu of LLP explains what is meant by Provisional Sums.
Guest editor
Managing change control following the Building Safety Act 2022
Guest Editors Roddy Cormack and Katie Percy of Dentons UK and Middle East LLP warn that the new change control regime introduced under the Building Safety Act could make allocating and managing contractual risk significantly more challenging. Long underused digital tools might provide some help.
Legislation state of play table
Our regular update of legislation and procurement related developments is compiled by Alignment Media staff.
Reports from the courts
Our regular review of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who report on a case that reminds parties to comply with contractual notification requirements/payment obligations to avoid prejudicing their right to adjudicate; and a First Tier Tribunal decision that underlines that it has discretion under s124 of the Building Safety Act to determine whether a Remediation Contribution Order would be just and equitable.
Analysis
Courts upholding planning permissions against judicial review applications
Judicial review applications have not been having a successful time in the courts recently, with several high profile attempts to halt infrastructure projects having been refused this year. Here we examine a Scottish decision confirming that courts will maintain a non interventionist approach once planning has been granted.
CL guides
The new building safety regime
Our latest CL Guide series article comes from Rachel Chaplin of DLA Piper who examines implications of the new building safety regime.
Adjudication
Adjudication: Does size and/or complexity matter?
Patrick Heneghan of 3PB Barristers asks whether Parliament intended adjudication to used in large or complex disputes. Can challenges based on claiming that the dispute is too large or complex succeed?
Defects
The problem with RAAC: comparing liabilities, claims and remedies in Scotland and England
Julie Scott-Gilroy of Morton Fraser MacRoberts LLP explains differences between how liabilities and claims and remedies relating to the use of RAAC differ between Scots law and the rest of the UK. A key difference is the time during which claims can be made.
Claims
The reincarnation of time-barred claims
Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP analyse a Court of Appeal judgment that sets out how the courts will approach fire safety claims under the Defective Premises Act following the introduction of the extended limitation period in the Building Safety Act.
Planning
Client pressures for speed can raise issues for lawyers
Sarah Fitzpatrick and Carina Wentzel of Norton Rose Fulbright describe the pressures lawyers can find themselves under when clients press for speed in securing planning approvals. Speed might however introduce commercial and legal risks, they warn.
Insurance
Flood damage – an ongoing problem for insurers
Our insurance expert John D Wright of JD Risk Associates analyses the insurance aspects of flood damage. The future looks tricky for insurers and policyholders alike, he warns, as the frequency of flood events rises. .
Alternative dispute resolution
Wearing your professional mantle in negotiations (for the greater good)
In our latest ADR series article Tracey Summerell of Dentons UK & Middle East LLP stresses the importance of proper behaviour during negotiations; poor behaviour could indicate unhealthy stress levels.