Projects & Construction Quarterly Bulletin (October 2020)

As we enter the last few months of 2020, the courts are witnessing an increasing caseload across all of the areas we regularly discuss in our Quarterly Bulletin, from procurement to payment to adjudication. To help you navigate the ever-changing legal and political landscape in the UK, we have set out some key updates below.

1. Public procurement digest: must a 'free of charge' offer be treated as an abnormally low tender, and when do the public procurement rules apply to intra-authority co-operations?

In this article, partner David Hansom explores two recent developments in the case law of the Court of Justice of the European Union which help to answer two thorny questions which we are often asked by clients.

2. TCC's Rochford v Kilhan [2020] provides clarity on final dates for payment

The TCC's recent decision in Rochford v Kilhan [2020], in which Mrs Justice Cockerill made obiter comments that final dates for payment cannot be linked to "an event or mechanism" means that final dates for payment linked to invoices may well fall foul of the Construction Act.

3. Where does the Construction Act's 'Pay Now, Argue Later' Regime stand, following Grove v S&T?

Three English Technology and Construction Court cases have recently examined the 'pay now, argue later' regime, which applies under the Housing Grants, Construction and Regeneration Act 1996, following a 'smash and grab' adjudication, as previously explored by the Court of Appeal in its decision in Grove v S&T.

Climate Change and Construction

CN Decarbonising Construction Virtual Event

As a firm, we are taking active steps to advise clients on the risks and opportunities posed by climate change. Between September 29th – 30th, we sponsored the CN Decarbonising Construction virtual event, where we delivered a presentation on how legal frameworks can drive climate conscious behaviour and contributed to a power panel on re-thinking our approach to construction to adequately tackle the risks associated with climate change.

To watch our presentation on the first day, please click here.

UN75 Sustainable Engineering in Action

We are pleased to announce our involvement in supporting the UN75: Sustainable Engineering in Action book launch on Monday 16th November 2020, which commemorates the 75th anniversary of the United Nations and is hosted by the Institution for Civil Engineers (ICE).

 Webinars and other relevant articles:

• Chancellor announces new "Job Support Scheme" to follow furlough scheme
• COVID-19: England sees a return to home working where possible
• On-demand webinar - climate change and the built environment – risks, opportunities and solutions
• On-demand webinar - negotiating contracts in the shadow of COVID-19
• On-demand webinar - how to maintain a healthy cash flow for your business
• Employment webinar - IR35 Webinar: Preparing for the April 2021 off-payroll working rules
• East Africa: Negotiating contracts in the shadow of COVID-19
• Live Webinar: Tunnelling Technology and Challenges – Science or Art?
• On-demand webinar - How the legal framework can drive climate conscious behaviour
• East Africa: Negotiating contracts in the shadow of COVID-19