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

  •  
    11/06/2024
    Polonia

    Poland to create regulatory environment for development of hydrogen market

    GB PL
    In May 2024, the Polish government published the legislative package known as the ‘Hydrogen Constitution’, a milestone in achieving the goals of Poland’s hydrogen strategy. The draft lays the foundations for the development of the green hydrogen market for achieving climate neutrality and strengthening the competitiveness of the Polish economy.Background, genesis and scope of the changesAlthough Poland is currently one of the leading hydrogen producers in the EU, this production primarily relies on grey hydrogen, which is produced through reforming natural gas or other hydrocarbons...
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  •  
    11/06/2024
    United Kingdom

    New government guidance on second staircases

    The government has published its eagerly awaited amendments to the guidance in Approved Document B: Fire safety, Volume 1 – Dwellings and Volume 2 – Buildings other than dwellings, 2019 edition incorporating the 2020 and 2022 amendments.The headline amendment for many is for flats to be served by more than one common staircase where the building has a top storey of 18m or more in height. Earlier government announcements had proposed the height threshold to be 30m but, following a consultation, the government has opted for the 18m threshold.As key for many are the timetable and transitional...
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  •  
    23/05/2024
    United Kingdom

    Merits now relevant in applications to stay adjudication decisions

    A recent decision from Northern Ireland has proposed a change in the law concerning stays of execution in relation to adjudication decisions by permitting a limited merits-based review as part of the discretion to grant a stay. The judgment proposes a merits-based review, firstly, as a threshold requirement for the granting of a stay and, secondly, so that any “clear views” of the merits can be weighed generally in the court’s discretion. Decisions are likely to follow from other UK courts as to whether to adopt this revised approach. In the meantime, the decision is likely to...
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  •  
    17/05/2024
    United Kingdom

    Built on sand: problems of risk allocation and collaboration in port development contracts

    Introduction The British Ports Association estimated in 2022 that there were £1.7bn of port projects in the pipeline, and investment in port infrastructure topped £1bn in 2021. There is pressure to deliver port upgrades to serve floating offshore wind projects (for which the UK is responsible for a fifth of the global pipeline), in addition to meeting the sector’s decarbonisation and environmental commitments, delivering modern infrastructure to facilitate international trade and growing regional economies. With that backdrop in mind, we consider some of the key contractual...
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  •  
    07/05/2024
    United Kingdom

    JCT 2024: a closer look

    The official launch of the JCT’s 2024 suite was held last week, focusing on the recently published Design and Build Contract, Sub-Contract and Guide. Updated contracts for the remainder of the suite are to follow over the course of this year. In this Law-Now, we take a detailed look at the new Design and Build Contract and the legal and market developments behind the changes made. We also explore the areas in which these developments have not been addressed.Modernisation, collaboration and sustainability  The JCT DB 2024 has given a firm nod to the Construction Playbook and calls for...
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  •  
    24/04/2024
    United Kingdom

    Challenging conclusivity and “playing for time” under the JCT final account process

    A recent TCC decision has considered the final account conclusivity provisions of the JCT form and the circumstances in which an adjudication commenced to preserve a challenge to the final account can be re-commenced without triggering conclusivity and losing the right to challenge the final account. In this case, the adjudication was re-commenced four months after it had initially lapsed, but was found not to have triggered conclusivity. The court’s judgment raises the prospect of parties “playing for time” by commencing adjudications and allowing them to lapse, however drafting...
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