Elevate: Construction quarterly newsletter

• United Kingdom

• Construction and engineering

01-11-2022

It is hard to ignore the impact that the recent rise to inflation and our current energy crisis is having on contract pricing. We start by exploring if having a fluctuation mechanism could help address some of these recent difficulties.

In this issue we also consider a recent case reaffirming the requirements of serving adjudication notices, in particular when a process server was used and where there was a dispute over the contents of the envelope. We also look at a surprising matter where a contractual requirement to engage in ADR was held to be unenforceable.

We look at recent developments in building safety. This includes the recent consultation, which gave some insight into how the regulatory regime may transitionfor new higher risk buildings. We also look at the first substantive cladding case post-Grenfell and what that reveals about what costs can be claimed.

We also address some recent updates, such as NEC’s new X29 clause to deal with climate change and how certain water and utilities contracts have been excluded from the statutory right to adjudicate. I hope this is an interesting read. We know our clients are facing difficult economic times and we are always at hand to assist with any challenges you may be facing.

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