Articles in ‘Construction and Engineering’ Category

With the outcome of yesterday’s general election now resoundingly clear, the incoming government needs to recognise the crucial role the construction and energy sectors will have to play in driving the UK’s economic growth, and in improving standards of living in the years ahead. Issues such as housing, infrastructure and climate change will need to feature highly on the list of the government’s priorities.

At this stage before a budget, we normally have a fair idea of what might be in store. Bearing in mind the unexpected recent resignation of the Chancellor just weeks beforehand, the impact of the Heathrow ruling on the government publishing the National Infrastructure Strategy, and the unpredictable economic outlook following fears of the spread of coronavirus, this is not an ordinary time for a budget.

Although the construction sector is amongst those for which the UK Government has this week released return to work guidelines, it is an industry where the concept of social distancing and lockdown was ambiguously applied. So what do the new guidelines actually mean, and will they change anything?

The UK construction industry has shown its metal in a time of crisis over the last few months by pulling together and working cohesively to achieve common goals.

In a recent decision (Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25) the Supreme Court has held that an insolvent company retains the right to refer a dispute to adjudication, and only in ‘very exceptional circumstances’ should the court restrain the exercise of that right.

Is the Government’s announcement of support for infrastructure a boon for the construction sector, or does it have the potential to create a two-tier industry?

In a case keenly watched by the agricultural sector, a planned housing development on a farm in south Wales may not be able to proceed due to the developer being unable to undertake wildlife surveys. A ruling that has significant implications for both landowners and agricultural tenants.

In what may be the most significant budget of modern times, the Chancellor, Rishi Sunak, set out the Government’s aims to “build our future economy”, by way of protecting, creating and supporting jobs.

The Technology and Construction Court decided in a recent case that a consultant engaged by a subcontractor to perform design checks did not owe a duty of care to the main contractor.

A question frequently asked by landowners is what is the difference between an option agreement and a promotion agreement? And which should they enter into?