Fenwick Elliott Annual Review 2020/2021

COVID-19 had many consequences in the early months of 2020 including the need to review contracts and make quick decisions on how to proceed. Jon Miller summarises the key practical points that emerged.

Having reviewed their construction contracts, the next major concern was how parties should tackle proving any potential claims. In what is in effect Part 2 of his summary of the impact of COVID-19, Jon Miller provides some practical examples of the issues that need to be addressed. Advice that holds true for any construction claim.

Rebecca Penney is one of potentially thousands of private leaseholders who have been told that their properties are covered in combustible cladding. Understandably, she asks how did everyone get in this position and who really is responsible in the end for the necessary remedial works.

There have been two recent cases which have discussed cladding flammability issues. Stuart Duffy explains the significance of these with reference to details of the Government’s apparent plans to address some of the many issues which came to light following the Grenfell tragedy.

Mark Pantry considers the publication of the new Information Protocol which supports those contracts which use the BS EN ISO 19650-2.

Huw Wilkins considers whether the COVID-19 pandemic might cause a rise in popularity for offsite modular construction methods in the built environment sector.

Catherine Simpson explores some of the challenges to the adoption of digital twins and considers how they might be addressed in construction contracts.

Natalie Beeraje considers recent case law related to Net Zero.

The importance of clear and coordinated data is fundamental to the success of any construction project. Dr Stacy Sinclair discusses the scale and nature of data that the construction industry now faces, and the opportunities and challenges this raises.

There has always been an uneasy interaction between the payment provisions in the Construction Act and the need for parties to a construction contract to invoice one another. As Martin Ewen explains, a new Technology and Construction Court case heard earlier this year has closed a frequently used contractual “workaround” and made both clients and contractors look again at their standard terms.

There has been much discussion about whether it is right that the adjudication legislation does not apply to a number of industries who are clearly a part of the construction industry as a whole. Has the time come for the exclusions allowed in the Construction Act to be amended or removed?

Jeremy Glover reviews a 2020 Supreme Court decision which sought to answer the question of whether or not a company in liquidation could ever enforce an adjudicator’s decision in its favour.

Jesse Way discusses the meaning of “building structure”, noting that it is not always easy to determine what the design life of a building (or a part of it) is intended to be.

Karen Gidwani and Lucinda Robinson provide practical guidance on the issues you need to consider for termination, whether at common law or under the contract.

James Cameron explains what you need to know about the new Commercial Courts Law enacted within the Kingdom of Saudi Arabia.

James Mullen reviews the current status of Saudi Arabia’s “Vision 2030”, a plan which comprises some of the most exciting and ambitious construction projects ever undertaken on the global stage.

Sana Mahmud outlines the key points from updated LCIA Arbitration Rules which came into force on 1 October 2020.

Jeremy Glover discusses a UK Supreme Court judgment, following a fire in a power plant in Russia, in which the court had to consider issues relating to the scope of the arbitration agreement.

Sam Thyne discusses a subtle change to the wording of liquidated damages provisions.