Introduction

Welcome to the latest edition of Construct.Law. Having weathered the storms of COVID-19, at the time of writing we are now enjoying (or enduring) record breaking temperatures. There is no respite from the challenges facing the construction industry, particularly in relation to inflation in labour, material and energy costs. There are also some significant legal developments to keep up with. In a key decision, the Court of Appeal has found that collateral warranties can be ‘construction contracts’ and therefore subject to a statutory right to adjudicate. Patricia Nathan-Amissah notes that this decision has significant implications for all parties that give or receive collateral warranties. Hannah McDonald also considers a case concerning a contractor’s unsuccessful attempt to avoid liability under a collateral warranty for certain losses. The HSE has been targeting the control of dust, which David Savage considers with Rachel Warren, a lawyer from our regulatory investigations and prosecutions team. Staying with the safety theme, David and Michael O’Connor also look at different aspects of the Building Safety Act, which is introducing a new safety regime for the regulation of higher-risk buildings. Sustainability remains high on the agenda, with articles from Fiona Edmond, Emily Sutton and Martin Fisher on a new standard for net zero carbon buildings in the UK and, by way of example, the planning approval of a 20-storey tower in Bermondsey with key carbon targets. The end of rebated fuel has attracted relatively little attention in national media, but has significant cost consequences for many contractors, as David Savage highlights. It was great to catch up with many of you in person at our recent seminars in London and Guildford. One of topics discussed at these seminars was the perhaps surprising result in The Rugby Football Union v FM Conway, in which joint names insurance was found not to protect a co-insured contractor from a subrogated claim. However construction law impacts your business, there is sure to be content of interest in this edition. We hope you enjoy reading and please do let us know if you have any questions.

Kind regards,

Andrew Keeley Partner Construction, Engineering & Projects T: +44 (0)1483 252581 andrew.keeley@crsblaw.com