Introduction
Welcome to the latest edition of Infra.Law.
As the UK's infrastructure sector grapples with the ramifications of the government's latest budget, this publication extends beyond domestic borders, reflecting the global interconnectedness of the industry. In the wake of the UK Government’s controversial Autumn budget, Charlotte Marsh examines the National Infrastructure Commission’s report on cost drivers of major infrastructure projects in the UK, assessing the barriers to the consistent delivery of projects on time and on budget. Tegan Johnson reports on the recent pilot UK Net Zero Carbon Buildings Standard, a milestone development for what constitutes a “net zero carbon building”. On a topic which has not only dominated the headlines this year but has also come under international scrutiny, Steve Carey considers how the international cladding market may be pursued under recently created causes of action under the Building Safety Act 2022 and David Savage considers the significant challenges to implementing some of the recommendations made in the phase two report of the Grenfell Tower Inquiry. Amelia Hamilton discusses the challenges facing the life sciences sector in finding affordable and flexible commercial space to accommodate the significant surge in investment and a growing demand for laboratory and R&D spaces experienced in recent years. Kate Knox looks back at past attempts to reform the retention practices in the construction industry and the most recent UK Government engagement with the introduction of the draft Reporting on Payment Practices and Performance (Amendment) (No2) Regulations 2024. Turning to the Middle East, Glenn Bull makes the case for applying the laws of DIFC to construction contracts. On the topic of arbitration, Gareth Mills, Stephen Chan and Eleanor Pooley discuss the divergence in approach of the Hong Kong courts and the English courts to the issue of whether including an arbitration clause in an agreement prevents a party from being able to seek winding-up proceedings for an unpaid debt and James Worthington highlights the key features of the revived Arbitration Bill making its way through Parliament for the second time. And finally Johnathon Grasso summarises the court’s findings in the recent case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024], a decision on matters of procedure and contractual interpretation regarding design responsibility.
Best regards,
Michael O'Connor
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