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In this issue: Building safety Building regulations Construction industry news Daily and weekly news alerts Construction trackers Building safety Built environment industry responses to Grenfell Tower Inquiry Phase 2 Report After the Grenfell Tower Inquiry Phase 2 Report was issued on 4 September 2024, a number of built environment bodies shared their reactions. Statements were also made by the Prime Minister, Sir Keir Starmer, and Fiona MacGregor, Chief Executive of the Regulator of Social Housing. See: LNB News 05/09/2024 52. Scottish Government establishes MWG after Grenfell Inquiry Phase 2 Report Following publication of the Phase 2 report on 4 September 2024, the Scottish Government has set up an MWG. The report concentrated on the physical state of Grenfell Tower, with evidence taken across several modules, including the main refurbishment (overview and cladding), cladding products, internal active and passive fire safety measures, and building management...
In this issue: Adjudication Litigation Arbitration Building safety Procurement in Construction Construction industry news Daily and weekly news alerts New and updated content Construction trackers Adjudication Joint ventures on construction projects—who can adjudicate? (Darchem Engineering v Bouygues Travaux) The TCC declined to summarily enforce an adjudicator’s award in favour of a company that formed one half of an unincorporated joint venture. The JV, not the individual company, had been appointed as sub-contractor under a sub-contract for works at a nuclear facility. The court determined the company alone was not a party to that sub-contract, meaning the adjudicator lacked jurisdiction. The ruling underscores the need to assess carefully the legal ramifications of delivering projects through an unincorporated joint venture. See News Analysis: Joint ventures on construction projects—who can adjudicate? (Darchem Engineering v Bouygues Travaux). Litigation Defence strike out—still leaves a hill to climb in proving the claim in the absence of the defendant and...
In this issue: JCT contracts Arbitration Construction industry news Daily and weekly news alerts New and updated content New Q&As Construction trackers JCT contracts JCT releases 2024 editions of Major Project, Constructing Excellence, and Prime Cost contracts On 16 October 2024, JCT published the 2024 versions of its Major Project Construction Contract, Prime Cost Building Contract and Constructing Excellence Contract, together with the associated sub-contracts and guides. Reference copies will soon appear on Lexis+® Construction under the sub-topic 'JCT contracts 2024' within 'Standard form construction contracts', and can also be accessed via Practice Note: JCT contracts 2024—reference copies. See: LNB News 16/10/2024 34. Arbitration Binding nature of dispositive part of award and revival of tribunal’s jurisdiction in English arbitration (AZ v BY) In AZ v BY [2024] EWHC 1847 (Comm), the Commercial Court confirmed that, for arbitrations under the Arbitration Act 1996, the dispositive wording of an award is binding. The court held...
FORTHCOMING CHANGES : At Budget 2025, the government confirmed that it will legislate in Finance Bill 2026 (also known as Finance (No 2) Bill 2024–26) to introduce new HMRC powers to combat fraud perpetrated by businesses operating within the CIS. Mirroring VAT rules that restrict input tax recovery where a supplier knew, or should have known, that a supply was connected to the fraudulent evasion of VAT, the forthcoming CIS provisions will: provide for the immediate cancellation of a business’s gross payment status make a business liable for tax that has been lost, and permit a penalty of 30% of the lost tax to be imposed on the business, its directors and other connected persons, where it can be demonstrated that the business knew or ought to have known that it had entered into a transaction linked to the fraudulent evasion of tax Further, the period before a business can reapply for gross payment status following an immediate removal will be...