Construction Management – Different Structure, Different Risks?

We take a look at some of the potential issues when procuring projects via construction management.

Newly published Home Office research indicates that employers in the construction sector are particularly at risk of failing to correctly carry out Right to Work checks.

The recent case of BNP Paribas Depository Services Ltd and another v Briggs & Forrester Engineering Services Ltd [2024] EWHC 2903 (TCC) serves as a timely reminder of the importance of considering the extent of the Contractor’s design responsibility under a JCT Design and Build Contract.

In potentially welcome news for building contractors, the Court of Appeal has now clarified the position regarding a contractor’s right to terminate its employment for non-payment under a JCT building contract.

The Supreme Court has unanimously ruled that a collateral warranty is not a “construction contract” for the purposes of the section 104(1) of Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996). This means parties do not have any statutory right at any time to adjudicate any dispute under it.

HMRC has published a consultation on proposed amendments to the Construction Industry Scheme (CIS) on the treatment of payments made by a landlord to a tenant for construction operations: it’s time to have your input now!

Vicky McDonald, a Senior Associate in our Commercial Property team with a special interest in planning law matters, looks at some of the changes to planning enforcement which are being introduced by recent legislative changes, of particular interest to developers and housebuilders.

Vicky McDonald, a senior associate in our commercial property team with a specialism in planning law, gives an overview of the permitted development rights that allow the installation of electric vehicle charging outlets in England.

A new report highlights the modern slavery risk in the construction sector.

Liquidated Damages (LD) are paid pursuant to a contractual agreement between the parties as to what happens in the event that say completion of a project is delayed or a fleet of vehicles are returned each having exceeded the agreed mileage. LD’s are not a debt owed by the contractor to the recipient but a secondary obligation consequent on breach.

The Government announced last week (on 14th February 2022) a proposed change to its Building Safety Bill, allowing a Government Minister to stop a named developer from doing development. This would be with no recourse for appeal or compensation, even where planning permission has been granted.