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ARCHIVED: This checklist has been archived and is not being maintained. Theme Key changes Client duties CDM 2015 is client-focussed: the client holds ultimate responsibility for controlling health and safety on the construction site (SI 2015/51, reg 4), including making sure the principal designer produces the health and safety file. They must also see that this requirement is kept under review and maintained for the duration of the project. Duties for clients under CDM 2015 when managing projects mirror the 2007 obligations (SI 2007/320, regs 9–10), with extra requirements that the client takes reasonable steps to verify the principal designer and the contractor comply with their duties (SI 2015/51, reg 4(6)). Election by clients is likewise captured within client duties under regulation 4 of the 2015 Regulations. NEW 2015 — CDM now extends to domestic clients — this is a new provision under SI 2015/51, reg 7...
In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...
In this issue: Standard form contracts Building safety Arbitration Daily and weekly news alerts New and updated content Construction trackers Standard form contracts A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract Employers’ rights to issue instructions under the JCT suite are frequently assumed rather than scrutinised. This overview, authored by James Ladner, legal director, and Fiona Fingland, associate, at Pinsent Masons, examines the foundations and breadth of the Employer’s ability to instruct within the JCT Design and Build Contract, the constraints on that ability, including in relation to variations after practical completion, and the ramifications where parties fail to manage instructions in accordance with the contract’s terms. See News Analysis: A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract. Building safety The Building Safety Levy (England) Regulations—a quick guide On 10 July 2025, the government presented the draft Building...
In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility Oil and gas Property and construction issues in the energy sector Air emissions, efficiency, and climate change International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem launches consultation on energy code manager selection process Ofgem has opened a consultation on its proposed method for appointing code managers within the new energy code governance framework created by the Energy Act 2023. It also invites feedback on a three-phase appointment process—covering an eligibility check, a licensing evaluation, and an implementation and assurance regime—as set out in the Code Manager Selection Regulations 2024, SI 2024/1081. Ofgem is seeking views on whether appointments should be competitive or non-competitive. It also confirms...
For the purposes of the Construction (Design and Management) Regulations 2015 (the ‘Regulations’), contractors are the companies and individuals who undertake construction activities and works. Because this is a practical, site-based function, contractors are frequently the people most directly exposed to injury or harm to their health during everyday duties. The Regulations permit contractors to participate in planning, managing and monitoring the construction work as required, as necessary. They sit alongside the overarching duty imposed on employers to secure, so far as is reasonably practicable, the health, safety and welfare of employees and others affected by their undertakings, and on employees to exercise reasonable care for their own health and safety and that of others, as set out in sections 2, 3 and 7 of the Health and Safety at Work etc. Act 1974. Who is a Contractor? The Regulations adopt a broad description of ‘contractor’. It covers any person who manages or carries out construction work in the course of a business (including the self-employed). This can...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...
Under the Construction (Design and Management) Regulations 2015 (the ‘Regulations’), creating the construction phase plan (the ‘Plan’) is a core obligation of the principal contractor (for details of that role, refer to Practice Note: CDM Regulations 2015—the role of the contractor and principal contractor). A Plan is mandatory on every scheme. On jobs with a single contractor, that contractor must see that the Plan is produced. Together with the ‘health and safety file’ (the ‘File’), the purpose of the Plan is to secure, so far as is reasonably practicable, the health and safety of those carrying out the works and anyone else impacted by the activity during the construction phase (see Practice Note: CDM Regulations 2015—the health and safety file). Why prepare a Construction Phase Plan? The principal contractor is required to draft, review, revise and put the Plan into effect so that it properly tackles health and safety matters. The principal contractor must also ensure the Plan covers not only the health and safety of workers but...
The Architect shall: General responsibilities (Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client–Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning applications/consents, revisions and conditions; select materials/methods; value engineering; tender support; Stage 3 report. Stage 4: technical design, specifications and packages; building regulations submissions; ERs, Construction Phase Plan; Stage...