Legal Archives - Construction Management

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The UK’s Most-Read Construction Magazine.

Construction Management is the highest circulation construction-based publication serving the UK built environment.

Legal

A big housing development with a Tesco supermarket at the bottom.

Willmott Dixon v Prater: guidance on building liability orders

Helen Stuart and Alexandra White review the first judgment on building liability orders – a new route for suing bodies associated to those involved in the defective design and construction of buildings under the Building Safety Act.

Entrance to the Supreme Court of the United Kingdom in City of Westminster, London.

Supreme Court: collateral warranties are not construction contracts

The Supreme Court has unanimously decided that a collateral warranty is not a construction contract, in a verdict believed to have far-reaching impact across the industry.

A construction worker with hard hat and high-vis jacket with a clipboard and talking on a walkie-talkie -- Variation claims

Variation claims: an introduction for contractors

Nouman Qadir MCIOB provides contractors with an overview on how to start navigating variations claims effectively.

‘Should we use WhatsApp for site communications?’

This month’s contract clinic question comes from a construction manager on a housing project, worried about security issues using WhatsApp for messaging the project team.

Entrance to the Law Courts, Parliament Square, Edinburgh

Why notices are important for loss and expense claims in JCT contracts

A decision by Scotland’s Court of Session sheds light into giving notice as a prerequisite for loss and expense claims for JCT Standard Building Contract users in England. By Helen Stuart and Zainab Anwar.

‘Just Stop Oil protestors are targeting our site. What can we do?’

This month’s contract clinic question comes from a contractor worried about climate protestors disrupting the construction programme. Steven Woolnough looks at the legal position.

Anatomy of a fall: inside a mock HSE trial

If there’s an accident on your site and the HSE investigates, what happens next? A ‘mock trial’ shows how proceedings work in a health and safety prosecution.

‘Where do we start with preparing a claim?’

The question We’ve come to final account and the employer argues the amount due is substantially lower than our costs, so we need to prepare a claim. We’ve never been…

Construction dust safety risks refurbishment (image: Dreamstime)

Silicosis: why action by employers to protect workers is imperative

Oliver Collett explains how three stonemasons brought a successful claim against their former employer for negligent exposure to silica dust.

A female HS2 worker in orange hi-vis, grey gloves and white hard hat inspects steel reinforcement bars

HS2’s northern leg: advice for subcontractors amid uncertainty

After the government’s decision to cancel the HS2 northern leg, it’s imperative for businesses to carefully review their contractual obligations, termination clauses and audit procedures, writes Phil Caton.

View of a field with a river and some castle ruins.

Alun Griffiths v Carmarthenshire adjudication ruling: legal implications

Olivia Jenkins and Isobel Moorhouse explore the significance of a court ruling to enforce an adjudicator’s decision in favour of an insolvent company.

Construction engineering or architect discussing a blueprint and building model while checking information on sketching meeting

Golden thread: what is the latest advice from government?

Lawyers from Watson Farley & Williams digest the latest recommendations published by the Department for Levelling Up, Housing and Communities on the golden thread.

Front of the Royal Courts of Justice in London.

Building safety: did the court expand liability risk in URS v BDW?

The judgement in URS v BDW is the first Court of Appeal decision considering the Building Safety Act 2022. Olivia Jenkins and Helen Stuart explore its wider implications.

A view of high rises and terraced houses.

Resi buildings remediation code of practice: key points

Theresa Mohammed and Emma Thompson provide a snapshot into the new guidance on the remediation of residential buildings.

Construction worker using a virtual reality headset.

Can AI be trusted to identify project liability risks?

Zainab Anwar and Olivia Jenkins consider the potential value of multiple AI-driven technologies on construction projects.

Key takeaways from the Social Housing Act

Although the new Social Housing Act does not specifically target the construction sector, it will indirectly impact it due to the enhanced compliance requirements that will be placed on providers of affordable housing, writes Ben Brooks.

How to spot a construction firm on the cusp of insolvency

Construction and insolvency experts share advice on how businesses can spot a company on the cusp of insolvency so they can act to protect projects and mitigate losses.

British pound notes and coins, a calculator and a pencil.

‘Smash and grab’ adjudications in construction: what you need to know

Seumas Cram from law firm Walker Morris explains what smash and grab adjudications are in construction.