Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
Chris Plumley, Partner at Anthony Collins Solicitors (ACS) comments: "The Future funding outlook for councils 2019/20 report shows us that very difficult times still lie ahead for local government. Councils up and down the country responded brilliantly to the challenges placed at their doors by the 2010 Comprehensive Spending Review. There were huge reorganisational and cultural changes and that led to a lot of uncertainty for officers, leaders and contractors alike.
"Where we are now is another junction, where councils are being asked to become more like self-financing businesses. Clearly there is still a lot more to be done, which is why Councils are now looking to make greater use of their asset portfolios, regenerate their town centres with private sector engagement, do more to create social businesses and engage in ways they have never had to do before. There is also a whole raft of new housing initiatives planned. Councils can be at the heart of a new wave of community-based economic regeneration. The Government just has to be careful not to undo all of that momentum by withdrawing the funding and skills necessary to make that change happen."
Chris will be joined by ACS partner Mark Cook, at next week's LGA conference, where the LGA will launch a separate report setting out detailed Spending Review proposals for the Government to ensure local services survive the next few years.
For more information about the report, please visit the LGA website and for more information about Anthony Collins Solicitors, and our work with local government, please contact Chris Plumley or Mark Cook.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
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