Introduction


Introduction

Welcome to the latest edition of Construct.law. We are combining our Construct.law and Infra.law publications into Construct.law, bringing you a selection of articles covering the most significant recent developments in construction law, regulation and industry practice in England and Wales and internationally.

This edition features a number of noteworthy court decisions in England, including:

  • the second known instance of the TCC ordering a Building Liability Order;
  • the Supreme Court's decision interpreting the specified default and accrued rights of termination provisions in a JCT Contract;
  • a case on the right of an assignee to refer a dispute under a construction contract to adjudication;
  • a decision on whether a late payment notice can be treated as a pay less notice under the Construction Act payment regime; and
  • a case where a member of an unincorporated joint venture attempted to unilaterally bring adjudication proceedings on behalf of the joint venture.

On the legislative and regulatory front, we consider:

  • the Government's proposed ban on the withholding of retention payments in construction contracts;
  • an update on the latest building control gateway data for higher-risk buildings;
  • changes to the Construction Industry Scheme; and
  • the impact of modern slavery on the UK construction industry.

Turning to international legal developments:

  • we begin with the Privy Council's recent decision concerning the condition precedent nature of FIDIC Sub-Clause 20.1 (contractor's entitlement to claim additional time or money);
  • staying with the theme of notice obligations, we consider Article 816(3) of the UAE's new Civil Code, which introduces an express statutory notice requirement for contractors under muqawala contracts and how this could work alongside the time-bar regime in FIDIC contracts;
  • we also examine the applicability of the doctrine of force majeure under Bahraini law;
  • we explore the mechanisms for the enforcement of freezing orders in the DIFC and ADGM Courts,
  • we end with a piece on the Dubai Courts' recent initiative to enable private enforcement of court orders.

Michael O'Connor Editor

Partner Construction, Engineering & Projects +44 (0)20 7427 6441 michael.o'connor@crsblaw.com

Kevin Forsyth Co-Editor

Partner Construction, Engineering & Projects +44 (0)20 7427 6413 kevin.forsyth@crsblaw.com

Welcome to the latest edition of Construct.law. We are combining our Construct.law and Infra.law publications into Construct.law, bringing you a selection of articles covering the most significant recent developments in construction law, regulation and industry practice in England and Wales and internationally.

This edition features a number of noteworthy court decisions in England, including:

  • the second known instance of the TCC ordering a Building Liability Order;
  • the Supreme Court's decision interpreting the specified default and accrued rights of termination provisions in a JCT Contract;
  • a case on the right of an assignee to refer a dispute under a construction contract to adjudication;
  • a decision on whether a late payment notice can be treated as a pay less notice under the Construction Act payment regime; and
  • a case where a member of an unincorporated joint venture attempted to unilaterally bring adjudication proceedings on behalf of the joint venture.

On the legislative and regulatory front, we consider:

  • the Government's proposed ban on the withholding of retention payments in construction contracts;
  • an update on the latest building control gateway data for higher-risk buildings;
  • changes to the Construction Industry Scheme; and
  • the impact of modern slavery on the UK construction industry.

Turning to international legal developments:

  • we begin with the Privy Council's recent decision concerning the condition precedent nature of FIDIC Sub-Clause 20.1 (contractor's entitlement to claim additional time or money);
  • staying with the theme of notice obligations, we consider Article 816(3) of the UAE's new Civil Code, which introduces an express statutory notice requirement for contractors under muqawala contracts and how this could work alongside the time-bar regime in FIDIC contracts;
  • we also examine the applicability of the doctrine of force majeure under Bahraini law;
  • we explore the mechanisms for the enforcement of freezing orders in the DIFC and ADGM Courts,
  • we end with a piece on the Dubai Courts' recent initiative to enable private enforcement of court orders.

Michael O'Connor Editor

Partner Construction, Engineering & Projects +44 (0)20 7427 6441 michael.o'connor@crsblaw.com

Kevin Forsyth Co-Editor

Partner Construction, Engineering & Projects +44 (0)20 7427 6413 kevin.forsyth@crsblaw.com

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