Construction Foundation Newsletter March 2017

• United Kingdom

• Construction and engineering - Foundations

28-03-2017

Foundations will update you with details of what we think are the top court decisions of the previous month and provide a summary of important legislation changes or proposals and a paper providing insight and guidance on a particular area of construction law and practice in the UK and internationally.

We hope you find our e-briefing useful and informative.

UK insight 

Brexit – The impact on UK construction - 9 months on

Nearly nine months on from the leave vote, we focus on what we now know about the possible implications of Brexit on UK construction. 

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International insight 

NEC4: evolution not revolution

The NEC Contract Board has announced that a new NEC4 suite of contracts will be available on 22 June 2017. We focus on the key changes made to NEC.

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Guerrilla tactics: resulting in indemnity costs awards?

The rise in the use of guerrilla tactics in international arbitrations is now seen as a real threat to disputing parties continuing to avail of arbitration over Court litigation.
In this article we focus on how courts are reacting to clear use of guerrilla tactics.

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Top 3 cases

Carillion Construction Limited v Emcor Engineering Services Limited and Anor [2017] EWCA Civ 65

The Court of Appeal has upheld the TCC’s decision in Carillion Construction Limited v Woods Bagot Europe Limited and others [2016] EWHC 905 (TCC), holding that a sub-contractor’s extension of time for a ‘Relevant Event’, which occurred after the pre-agreed completion date (i.e. during a period of culpable delay), should run contiguously from the pre-agreed contractual date for completion, rather than from the later date on which the impact of the delay event was felt.

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Signature Realty Ltd v Fortis Developments Ltd [2016] EWHC 3583

The High Court has held that the defendant’s use of architect drawings, submitted by a property developer in order to obtain planning permission, had infringed the property developer’s copyright in the drawings. 

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Kersfield Developments (Bridge Road) Ltd v Bray and Slaughter Ltd [2017] EWHC 15 (TCC)

This case reinforces the consequences of failing to serve a pay less notice and further highlights the difficulties that an employer will face in attempting to challenge a contractor’s interim application for payment.

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Legislation update

Apprenticeships in the construction industry

The Apprenticeship Levy (AL),is set to come into force on 6 April 2017. The start date for the new apprenticeship funding system will be 1 May 2017.
In this article, we focus on the rules which will apply to any apprenticeships starting from this date.

Read the full article