Construction

Recent Articles

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  10/09/2024

  International

  CMS Annual Review of English Construction Law Developments: An International Perspective

  We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments. The Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition has a strong focus on exclusion and limitation clauses, with more than half of the...

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  06/09/2024

  United Kingdom

  Grenfell Tower Inquiry Final Report: key findings and recommendations

  On Wednesday this week, the public inquiry into the Grenfell Tower disaster (the “Inquiry”) released its final report (the “Report”). The Inquiry finds a huge number of the entities involved in the Grenfell Tower refurbishment, including the construction parties, product manufacturers, accreditation bodies, and Government departments, failed adequately to ensure fire safety standards were upheld. The Report is particularly critical of the ACM manufacturer and the project architect.The Inquiry recommends wholescale updates to the regulation of the construction industry, including...

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  06/09/2024

  Scotland

  One case to bind them all - Class actions and res judicata

  Summary In McCluskey v Scott Wilson[1] the Inner House has provided useful guidance on application of the doctrine of res judicata in the context of group actions.From 2012 actions were raised by the residents of a housing estate in Motherwell (“Watling Street”), claiming personal injury as a result of the development allegedly being built on contaminated land. It was claimed that engineers, Scott Wilson, who were involved in the remediation of the site, both owed duties to the residents and breached those duties.The earlier decision in McManus v Scott Wilson[2] had already...

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  22/08/2024

  United Kingdom

  Court of Appeal clarifies termination for repeated breach and late payment under the JCT

  The Court of Appeal has overturned a TCC decision in relation to the JCT termination provisions for repeated breach, finding that a contractor may terminate for repeated breach even where it has not previously accrued a right to terminate in respect of an earlier breach. This decision provides contractors with a powerful weapon to combat late payment even where delays are minor. Employers operating under these provisions should be extra vigilant to ensure that payments are made on time and that valid payment and pay less notices are given. Many employers may also wish to make amendments to the...

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  22/07/2024

  Australia and Southeast Asia

  Hong Kong’s incoming Security of Payment Regime

  Security of payment legislation to address improper payment practices in the Hong Kong construction industry is a step closer to implementation with the Construction Industry Security of Payment Bill (the “SOP Bill”) being gazetted on 17 May 2024 and introduced to the Legislative Council for its first reading on 29 May 2024. The SOP Bill has been developed to meet the specific needs of the Hong Kong construction industry. However, in concept it is broadly similar to established security of payment legislation that has been in effect for some years in other jurisdictions including...

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  16/07/2024

  United Kingdom

  Adjudication mandatory under standard PFI disputes clause

  A TCC decision earlier this year has considered whether the standard SoPC dispute resolution procedure contained in many PFI contracts imposes a mandatory requirement to adjudicate before court proceedings can be commenced. The Court held that adjudication was a mandatory step prior to the commencement of proceedings, but declined to strike out or stay the claim, notwithstanding a failure to adjudicate. The Court’s decision addresses an important question on the standardised wording and will be of significance to the way in which PFI disputes are managed going forward. Lancashire Schools...

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