Construcción

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En esta página encontrarás todos los artículos y publicaciones de Construcción escritos por expertos de CMS en esta área del derecho.

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Artículos Recientes

  •  
    11/03/2024
    United Kingdom

    Welcome amendment to the Construction Industry Scheme regulations as they relate to payments between landlord and tenants

    At the Autumn Statement 2023, the government announced amendments to the Income Tax (Construction Industry Scheme) Regulations 2005 (the Regulations), including removing certain payments between landlord and tenants from the scope of the Construction Industry Scheme (the CIS).Those amendments will come into force on 6 April 2024, having been laid before the House of Commons on 8 March 2024.What was the concern?The CIS was originally introduced to protect revenue in relation to the construction sector, with significant non-compliance suspected as a result of cash-in-hand payments. The CIS requires...
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  •  
    01/03/2024
    International

    Pre-conditions to arbitration and the FIDIC 2nd Edition

    Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings specified by the form. The narrower definition raises the potential for new jurisdictional objections to be made in DAAB or arbitration proceedings commenced without compliance with those pre-conditions. In this Law-Now, we consider recent developments in the approach taken to arbitral pre-conditions in a number of international jurisdictions, before considering the specific issues thrown...
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  •  
    28/02/2024
    Singapur

    Singapore High Court clarifies the lodgement period of adjudication applications

    HP Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd [2024] SGHC(A) 5The Appellate Division of the Singapore High Court has clarified when an adjudication application under the Building and Construction Industry Security of Payment Act 2004 (2020 Rev Ed) (the “SOPA”) should be lodged.In affirming the position established by the General Division of the Singapore High Court, the Appellate Division has clarified that the commencement of the seven-day period to file an adjudication application made under s 13(3)(a) of the SOPA excludes the day the entitlement arises...
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  •  
    26/02/2024
    Europe

    The CBAM – what is it and how will it affect the market?

    GB PL
    Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1 October 2023 to 31 December 2025) and a target period (starting 1 January 2026).Why has the CBAM been introduced?With the establishment of the scheme for greenhouse gas emission allowance trading (EU ETS) in 2005, which covers, among other things, energy intensive installations, the European Union has set a course of action to reduce overall greenhouse gas emissions. However, the ever-rising costs...
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  •  
    22/02/2024
    United Kingdom

    Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

    The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”). In this matter, the Court found that a ‘decree in default’, issued due to the insolvent Insured’s failed to appear at a procedural hearing, was sufficient to establish ‘liability’.The decision is significant as, while insurers would usually have the right to ‘look behind’ a decision or settlement to form a view on whether the insured...
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  •  
    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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