Construction

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Recent Articles

  •  
    22/02/2024
    United Kingdom

    FTT makes first contested Remediation Contribution Order under the Building Safety Act

    The First Tier Tribunal (“FTT”) has published its decision in the first contested application for a Remediation Contribution Order (“RCO”) under section 124 of the Building Safety Act 2022 (“BSA”). In granting orders against the original developer and its parent company, the FTT has clarified the extent of the power to grant RCO’s and the way in which its “just and equitable” discretion will be exercised in the future. The FTT’s decision will be required reading for any parties involved in bringing or responding to applications for RCOs.BackgroundThe...
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  •  
    08/02/2024
    Poland

    Poland enacts regulations to accelerate development of carbon dioxide capture, utilisation and storage technology (CCUS)

    In October 2023, Poland enacted regulations that amend the Geological and Mining Law and the Energy Law, simplify regulations governing previously dormant CCUS technology (carbon dioxide capture, utilisation and storage) and open new possibilities for the use of CCUS in the country.Place of CCUS technology on the marketCCUS technology is regulated at EU level in 2009 by Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide. This CCS Directive governs the capture of carbon dioxide from appropriate installations, its transport to the storage...
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  •  
    05/02/2024
    United Kingdom

    Seeing the wood for the trees: Government updates Consultation Direction to capture development affecting ancient woodland

    On 26 January, the Government introduced a new duty requiring local planning authorities to consult the Secretary of State regarding developments that impact ancient woodland. For many years, a direction has been in place requiring planning applications for certain forms of development to be referred to the Secretary of State before local planning authorities (“LPAs”) may grant permission (“Consultation Direction”). The new Consultation Direction creates a further procedural hurdle for developments to surpass if they harm this unique habitat. Background During...
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  •  
    02/02/2024
    United Kingdom

    TCC upholds exclusion of liability for fraudulent breaches of contract

    A recent TCC decision has decided that a generally worded exclusion clause was sufficient to exclude liability for fraudulent breaches of contract committed by a party’s employees or the party itself. The Court also concluded that the clause satisfied the reasonableness requirement under the Unfair Contract Terms Act 1977 which applies where commercial parties contract on standard terms. The Court’s findings have significant implications for the negotiation and drafting of exclusion and limitation clauses in commercial contracts generally.Excluding liability for fraud or wilful misconductGenerally...
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  •  
    25/01/2024
    United Kingdom

    Termination for repeated breach and late payment under the JCT

    A recent TCC decision has considered the meaning of the JCT termination provisions for repeated breach. The decision concludes that a contractor may only terminate for repeated breach where it has previously accrued a right to terminate in respect of an earlier breach. If the earlier breach has been remedied by the employer within the agreed period after the receipt of a notice specifying the default, the right to terminate for repeated breach will not arise. This means a contractor will not be entitled to terminate for persistent late payment if an employer ensures that payments are made within...
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  •  
    19/01/2024
    International

    CBAM: Just over a week to comply

    As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to understand their obligations - which take practical effect this month. The CBAM, established by Regulation (EU) 2023/956, represents a significant step in the EU’s efforts to combat climate change and carbon leakage, aligning with the overarching goals of the European Green Deal and the Paris Agreement.Key Practical Points on CBAM:Scope of CBAM: This mechanism applies to specific goods listed...
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