Introduction

Welcome to the latest edition of Construct.Law. In this packed edition we have articles on a wide range of topics relevant to the construction industry. Melanie Hardingham and Mary Barrett discuss the hardening market for professional indemnity insurance. Also important in the context of PI insurance is the difference between ‘reasonable skill’ and ‘fitness for purpose’ obligations, which Chi Mount considers in the first of a series of articles about construction defects. We have a couple of articles providing updates in relation to different aspects of the Government’s legislative response to the Grenfell tragedy. David Savage and Hannah McDonald review the controversial proposals to retrospectively extend the limitation period for certain claims, while Rachel Davidson takes a look at changes to the planning system. Insolvency continues to be an ever-present risk in the industry. David Savage’s article on John Doyle Construction Limited (In Liquidation) v Erith Contractors Limited is therefore essential reading if you are not familiar with the case: can an insolvent company enforce an adjudicator’s decision? Continuing our review of the most important recent cases, Jean-Daniel Sabwe reports on further guidance from the Court of Appeal about whether a collateral warranty is a ‘construction contract’, while James Worthington looks at an interesting case about set-off. In addition, Sam Johnson looks at the practice of ‘expert shopping’ in the context of a new decision from the Technology and Construction Court. Sustainability remains high on the agenda following the UN Climate Change Conference (COP26) and we have a diverse selection of articles on this theme. Jodie Denis highlights mandatory climate-related disclosures which will soon apply to certain companies, Rachel Davidson discusses the development of Green Belt land, while David Savage writes about the relationship between data and net zero targets. Finally we have a podcast in which James Worthington discusses practical completion with Gardiner Theobold. 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