Martin Collingwood, head of construction at Andrew Jackson Solicitors LLP, has provided a timely summary of legal developments of relevance to businesses involved in the construction industry Collateral Warranties A recent Court decision has confirmed that the two-tier system applies for collateral warranties - with far reaching implications for construction …

In July 2021 the Government introduced the Building Safety Bill into Parliament.  The Bill proposes a regime overseen by a new Building Safety Regulator (BSR) with particular emphasis on higher risk buildings. In doing so, it creates obligations that apply throughout the building's lifecycle; introduces requirements relating to the …

In the case of Bresco Electrical Services Limited (In Liquidation) v. Michael J Lonsdale (Electrical) Limited [2019] the Supreme Court had an opportunity of reviewing the impact of liquidation on adjudication. At first instance, the Court held that the effect of insolvency set-off was that an adjudicator lacked jurisdiction …

On the 26 January 2021 the NEC published a new suite of Facilities Management Contracts (FM Contracts). These were published with the support of the Institute of Workplace and Facilities Management. The suite includes four contracts, a number of user guides and two flowcharts, which have been designed for use …

The UK-EU Trade & Co-Operation Agreement is now in place and, although hailed by both sides a success, the deal does not specifically address important matters of civil judicial co-operation. The impact for civil disputes is therefore, effectively, a no deal Brexit in which the UK has …

New VAT rules for construction services will come into effect on 1 March 2021 in a major change to the way VAT will be collected in the construction sector. The new domestic reverse charge regime of VAT accounting must be used for most supplies of building and construction services. It …

The recently concluded Trade and Co-operation Agreement, which came into effect on the 20 January 2021, is likely to impact on the construction industry in the UK in four main respects namely: A new UK regulatory framework and harmonisation standards; A mutual recognition of goods and product marketing; Movement …

The EU framework rules governs the following aspects of civil justice and judicial co-operation: Determining which court will have jurisdiction – recast Brussels Regulations. Ascertaining the law that applies to contractual and non-contractual obligations respectively under contractual and non-contractual disputes – Rome II Whether leave to serve English proceedings …

The above procedure was launched on the 1 May 2020 and provides a streamlined Construction Act procedure for dealing with uncomplicated disputes of a value of £50,000 or less. The procedure provides that where the issues are clear and uncomplicated an adjudicator nominated can determine whether the procedure applies …

Many readers will already be aware of the various alternative dispute resolution (ADR) methods that exist as a means of resolving disputes away from the courts. ADR methods, including mediation, arbitration, adjudication, conciliation and expert determination, have long been of interest to parties who wish to minimise the cost of …

In the recent case of British Overseas Bank Nominees Ltd and others v Stewart Milne Group Ltd [2019] the Inner House of the Court of Session in Scotland, whose decisions are of persuasive authority in England, considered the terms of a collateral warranty granted by a design and build contractor …

Update, September 2019: - Following publication of the article below, HMRC has announced that the Construction Scheme Domestic Reverse Charge has been delayed for 12 months and will now not come into force until 1 October 2020. HMRC will change the way it collects VAT from construction organisations, so businesses operating …

Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on contract terms, which seeks to form a new common ground between clients and the supply chain in the construction sector. It aims to promote collaboration, encourage a fairer allocation of risk through the …

In less than six months' time, HMRC will change the way it collects VAT from construction organisations, so businesses operating in the sector would be wise to prepare for the changes now. From 1 October, the government's new reverse charge taxation system will come into force as part of …

The question of whether liquidated damages can be claimed after termination is relevant in the current climate, where contracts are often terminated following contractor insolvency, among other things. Recently I commented upon the case of GPP Big Field LLP v Solar EPC Solutions which concerned the recovery of liquidated damages …

Case background In GPP Big Field LLP & Another –v- Solar EPC Solutions SL, GPP engaged a contractor, Prosolia UK, on five separate EPC contracts for solar power generation plants in the UK. Each contract allowed for liquidated damages in the event of the contractor's failure to achieve the …

Earlier this year, I reported on the significant judgment of Grove Developments Limited v. S&T (UK) Limited where Mr Justice Coulson had left a significant legacy in the Technology & Construction Court (TCC) before his elevation to the Court of Appeal.  His judgment confirmed that a party does …

The recent case of Rock Advertising v MWB Business Exchange Centres Limited [2018] confirmed that a contract containing a no oral modification (NOM) clause cannot be amended orally. It also raised the question of how contracts are varied and what is the variation, says Martin Collingwood At its most basic …

In the recent case of Rock Advertising Ltd v. MWB Business Exchange Centres Limited [2018],the Supreme Court handed down its much anticipated judgment and concluded that a contract containing a no oral modification (NOM) clause, which states it may only be amended in writing, cannot be amended orally. In …

2016 and 2017 have seen developments concerning two of the UK’s major forms of construction contracts. Our head of construction, Martin Collingwood, considers the implications for industry. Amendments to the JCT suite of contracts The Joint Contracts Tribunal (JCT) began to publish an updated suite of contract documents in …

The Pre-Action Protocol for Construction and Engineering Disputes (the "Protocol") made its appearance some 16 years ago and has now been revised following a wide consultation. The Protocol applies to all construction and engineering disputes (including professional negligence claims) although there are some exceptions to its applicability. The key …