Introduction

Welcome to the latest edition of Infra.Law.

In this edition of Infra.Law you will find a collection of articles on issues which affect our industry. My colleague Rupa Lakha takes a closer look at indirect pacing from the perspective of the contractor deciding to pace in the event of an employer-related delay. Simon Heatly from our litigation team brings you a detailed overview of the recent Supreme Court decision Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait), which provides clarity on how the English courts will determine the governing law of arbitration agreements. Emirates Global Aluminium has recently announced the construction of a new plant that turns bauxite residue into soil. The industry welcomes this innovation in the wake of efforts to make materials used in construction “green”. Jodie Martyndale-Howard comments.

Sarah Wigington from our corporate team discusses how the war in Ukraine has created a renewed urgency and focus on economic crime in the UK. The Economic Crime (Transparency and Enforcement) Bill is being rushed through Parliament this month only a few weeks after the Economic Crime (Anti Money Laundering) Levy in the Finance Act 2022 received Royal Assent. I take a closer look at the importance of fully explaining disclosure duties to clients, especially if they are unfamiliar with English disclosure rules. This was reiterated in the recent case of Provimi France SAS and others v Stour Bay Company Ltd [2022] EWHC 218 (Comm). Jane Burrows discusses defects which prevent practical completion as opposed to just being a snagging item. Finally, as a Private Members’ Bill is presented to Parliament calling for retention within construction contracts to be abolished, James Worthington looks at what retention is, the issues it can cause, what the Bill provides, and what the alternatives might be.

Michael O’Connor Partner (Editor) Construction T: +44 (0)20 7427 6441 Michael.O’Connor@crsblaw.com