CIC meaning

TCPC Management Ltd v Windrush Alliance UK Community Interest Company [2024] EWHC 683 (Ch) What are the practical implications of this case? The ruling confirms that, once parties have concluded a settlement agreement, the liability identified in that document is the figure that grounds a winding-up petition (and any earlier statutory demand). There remains the scope for such an agreement to be avoided for fraud, or voidable on other recognised bases. Yet this judgment demonstrates—consistent with many before it—that merely flagging a potential dispute is inadequate. Two points were pursued: Fraud: the evidential footing came perilously close to Micawberism—little more than the hopeful expectation that something might turn up. Regulatory limits: the suggestion that the company’s role as a social housing provider imposed constraints also fell away on a straightforward interpretation of the Companies Act 2006. In consequence, the court treated the sum in the compromise as the operative debt for insolvency purposes, and neither speculative fraud assertions nor an uncontroversial...

In this issue: Environmental issues Planning for construction lawyers Construction industry news LexTalk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Environmental issues CLC announces the Five Client Carbon Commitments The CLC unveiled its Five Client Carbon Commitments, a framework enabling organisations to evidence the measures they are taking to cut carbon and record the reduction in emissions. Anglian Water, Heathrow, the Lower Thames Crossing, National Highways, Northumbrian Water, and Sellafield Ltd became the initial six signatories, with the CLC urging additional organisations to also come aboard now. The Construction Industry Council (CIC) stated that the organisations already committed are expected to ‘invest tens of billions into UK infrastructure’, and further suggested this would assist in providing supply chain certainty with regard to the requirement for lower carbon alternatives, thereby ultimately improving clarity...

In this issue: Building safety Adjudication Procurement in construction Contract law Construction industry news Daily and weekly news alerts Construction trackers Building safety The Grenfell Tower Inquiry phase 2 report—what are the key findings? The Grenfell Tower Inquiry released its phase 2 report on 4 September 2024, probing how a supposedly fire-resistant concrete block in 21st‑century London became a fatal inferno. It exposes a mesh of institutional and individual shortcomings that together led to the catastrophe, and sets out numerous proposals to prevent a recurrence. In a two-part overview, Theresa Mohammed, partner at Watson Farley & Williams, scrutinises the report and distils the key conclusions. Part 1 traces the historical backdrop to the fire, assessing the Inquiry’s findings on earlier significant blazes that should have alerted the construction sector, and the evolution of building regulations and fire testing, including their practical flaws. Part 2 addresses the Inquiry’s damning appraisal of systemic failings and responsibility‑shifting among those...

This Practice Note This Practice Note reviews the standard form novation agreements issued by the City of London Law Society (CLLS) and the Construction Industry Council (CIC). Novation is now widespread on construction schemes. It arises in various contexts and has, in particular, become routine on design and build procurements. For more on novation generally, see Practice Note: Novation in construction projects. Parties often adopt their own bespoke novation agreements, so numerous versions circulate. In 2004, two standard forms appeared—one from the CLLS construction committee and one from the CIC. The CIC later released an ‘ab initio’ form in November 2018, and a second edition of the ‘switch’ form in July 2021. Each agreement is a brief, straightforward document that avoids unnecessary provisions, though they adopt different approaches to novating the consultant. They do, however, each tackle the key issues arising from Blyth & Blyth v Carillion, and the ‘no loss’ argument (see Practice Notes: Novation in construction...

Property joint ventures are commonly set up in three formats: contractual agreement partnership limited liability company Contractual agreement As the most straightforward variety of joint venture, a basic project management agreement, development management agreement, or collaboration agreement can often be the suitable path. Typically, one party provides a service in return for a pre-agreed share of any eventual profit. Common forms of collaboration agreement include asset, property, or investment management agreements...

BIM (building information modelling) protocol There is no single, mandatory BIM protocol required on all UK projects using BIM—parties involved in construction projects where BIM is to be adopted are free to choose the protocol they wish to use; it is not imposed and remains a matter for agreement on a project‑by‑project basis. The parties may opt for one of the published forms already available, agree a bespoke protocol tailored to the scheme, or choose to proceed with no standalone protocol at all, instead setting out every BIM obligation within the contract conditions and associated technical documents. As the use of BIM has expanded, various protocols have been created by organisations seeking to promote efficiency, consistency and recognised good practice within such documents. None of these has yet become an ‘industry standard’, though that appears to be edging closer—having a common standard would be likely to assist with insurance considerations, and provide greater consistency and certainty around the parties’ duties and responsibilities, thereby defining more clearly the risk profile...