Legal

Could PFI be rebooted in the wake of COVID-19?

Judith-Hopper-c-300x200.jpg

The COVID-19 health emergency may prove to be a pivotal moment in the relationship between the public sector and the PFI/PPP industry. When the government published its guidance for schools on key-worker status on 19 March, the list of key workers included those working in the health and social care…

How alleged fraud can derail an adjudication award

Vanessa-Jones-2-300x200.jpg

It is only on rare occasions that the courts will refuse to enforce an adjudicator’s decision. This is usually due to the decision being made outside the adjudicator’s jurisdiction or where there has been a breach of natural justice. However, there is another reason why the courts may refuse to…

Drafting a contract? Don’t get caught out by COVID-19

Deborah-Ruff-300x200.jpg

The COVID-19 pandemic has led to a flurry of contractual worries for many in the construction sector. While there are many fantastic pieces of advice out there, few have touched one knotty problem: contracts that were being negotiated when the pandemic hit. Every contract will invariably differ in its aims…

Contracts and site closures: taking the right steps

Nancy-McGuire-300x200.jpg

As the coronavirus pandemic spreads, the construction industry is being tested to the limit. In these past two weeks the landscape has changed dramatically for contractors working on site. The new social distancing guidelines, as interpreted into new Site Operating Procedures (SOPs) by the Construction Leadership Council (CLC), have had…

Don’t forget Brexit: now is the time to assess contractual fallout

Penny-Rinta-Suksi-partner-Blake-Morgan-300x200.jpg

The emerging theme of UK negotiations with the European Union is divergence, which means a major move away from the regulations and rules that have governed the industry for decades. Exactly how far the UK and EU will diverge, and in which areas, isn’t yet clear, but we do know…

COVID-19 and force majeure under JCT Design and Build contracts

Navpreet-Atwal-300x200.jpg

The disruption caused by the coronavirus has accelerated over the past few days and the future impact of the outbreak remains uncertain. There are already significant ramifications for construction firms continuing to deliver on contractually agreed commitments, but uncertainty remains over what will happen if contractors – many of which…

Dear prime minister: Please. Be. Clear

Chris-Hallam_CMS-law-300x200.jpg

For someone who has built a political career on distilling highly complex matters into three-word election-winning slogans – Take Back Control, Get Brexit Done – how on earth has the prime minister contrived to turn what should be a very simple and clear message into a confused and convoluted mess?…

The legal impact of the coronavirus crisis

Alex-Jullienne_associate_Collyer-Bristow_bright-300x200.jpg

As cases of coronavirus (COVID-19) increase throughout Europe and the UK, the adverse impacts on the construction industry are becoming a reality. Industry clients and contractors need to consider both employment guidance and the impact delays may have on project completions. Employment issues While it is important to discourage unauthorised…

Spot signs of slavery and do something about it

Marc_Stanton_cropped-300x200.jpg

The construction sector employs a huge variety of people, from expert engineers to low-skilled labourers. Tough competition and tight margins put extreme pressure on costs, tempting some to cut corners and ignore checks on who is actually doing the work. This is exploited by human traffickers, who profit from controlling…

Breaking the cycle: getting major projects back on track

Ian-Griffiths-300x200.jpg

Current estimates suggest HS2 is likely to cost £106bn to complete, nearly twice the original £56bn budget set out in 2015. While HS2 may be one of the most high-profile examples of a project overspending, it is not an isolated example. Industrial Megaprojects: Concepts, Strategies, and Practices for Success, a…