It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
A recent case¹ has confirmed that a professional appointment for construction will usually be a “construction contract” under the Construction Act².
The appointment in question was to provide design and engineering works for a rail link between Manchester and Leeds. A dispute arose over payment, which went to adjudication. The employer argued that the adjudicator had no jurisdiction to decide the case because their appointment was not a “construction contract”.
The test of whether an appointment is a “construction contract” is whether it relates to “construction operations”. The Court found that preparing designs for potential construction works was a “construction operation”, and, therefore, the designer could refer the dispute to an adjudicator.
When appointing construction professionals, clients should ensure that their appointments:
- include Construction Act-compliant payment provisions; and
- specify adjudication rules, such as the Technology and Construction Solicitors Association (TeCSA) Adjudication Rules.
Standard form professional appointments already cover this.
If you have any further questions about this briefing or have any other procurement concerns, please contact Alistair Smith.
1. Ove Arup & Partners International Ltd v Coleman Bennett International Consultancy Plc (2019).
2. The Housing Grants, Construction and Regeneration Act 1996.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
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