Construction and Planning Law

Abstract: Discusses the views of economic forecasters on how the economy will respond following the COVID-19 lockdown, and the renewed focus of the UK and devolved governments on infrastructure investment. Highlights research by Turner & Townsend on the impact of COVID-19 on the construction industry and how it may be able to improve productivity through smarter working practices.

Abstract: Highlights the announcement by Historic England that grants from the COVID-19 Emergency Response Fund will be made to 70 heritage projects. Details the purpose of the grants, the maximum amounts available, and the types of project that have benefitted, including Aldeburgh's heritage collections and the Mary Rose Museum in Portsmouth.

Abstract: Examines case law on: the right of an innocent party under common law to treat a contract as repudiated where there is no express termination clause; what amounts to a repudiatory breach; how the innocent party can minimise the risk of being found to be in repudiatory breach of contract themselves; and how the risk of losing the right of election can be minimised including where a potential repudiatory breach is cured prior to purported repudiation.

Abstract: The article focuses on the impact of Covid-19 pandemic on construction law. It mentions consequences of this for construction projects depend on the work contracts. It also mentions that for difficulties that arise for a contractor as a result of COVID-19 force majeure he can therefore generally not claim any additional costs, and the contractor is also not entitled to adjust the contract on this basis.

Abstract: Considers the application by the Sizewell C Nuclear Power Station for development consent during the coronavirus pandemic, whether full public consultation on the matter is possible, and why action is needed by the Planning Inspectorate to ensure such consent is preserved during restrictions.

Abstract: Discusses, using an analogy with disinfectant's role in combating COVID-19, the potential effects of the coronavirus pandemic on UK housebuilding targets. Reflects on the cessation of housebuilding, the likelihood of recession, and whether a "tilted balance" would help the planning system to deliver homes. Considers whether planning permission actually results in new houses, and the arguments for relaxing the ban on green belt development.

Abstract: Contrasts planning reform in Scotland and England, focusing on use classes, permitted development, proposals for future reform and COVID-19-related changes.

Abstract: Explains the importance for valuers of collaborating with letting agents, capital markets peers and clients during the coronavirus pandemic, in light of the RICS' recommendation in March 2020 that a material valuation uncertainty clause (MVUC) be included in valuation reports. Notes that, although the MUVC has seen a gradual exclusion as recovery has progressed, the RICS still endorses the inclusion of a market condition clause.

Abstract: Reflects on the impact of the COVID-19 pandemic on the construction industry. Discusses contractual risk allocation and key provisions in both the NEC and JCT suites of contracts, negotiation of new construction contracts, and the implications of contractor insolvency.

Abstract: Discusses the impact of COVID-19 on construction contracts. Considers how different types of contract address delay and cost caused by COVID-19 restrictions, a contractor's entitlement to an extension of time and loss and expense, and force majeure clauses. Examines the JCT Suite, the Public Works Contracts suite, FIDIC and NEC4.

Abstract: Examines the implications of rare or unforeseen compensation events or force majeure for JCT and NEC construction contracts in light of the impact on the construction industry of the COVID-19 pandemic. Argues that crisis-driven amendments to contracts may result in excessive risk for the contractor and prove to be ineffective.

Abstract: Comments on the difficulties contractors may experience when attempting to rely on force majeure to defend contractual delays as the industry emerges from the COVID-19 lockdown. Suggests that the Government could use the Civil Contingencies Act 2004 to adopt regulations mitigating the effects the pandemic has had on the construction industry.

Abstract: South Australia is presently in the throes of major changes to its regulatory system governing land use, development of land and the development of planning policy against which development assessment decisions are to be made. Eventually the planning and development control system established under the 'Development Act 1993' (SA) will be replaced by a new system implemented by the 'Planning, Development and Infrastructure Act 2016' (SA) (the new Act). The state is in a transitional phase. The provisions of the new legislation which create the State's planning authority, the State Planning Commission, have been implemented and the Commission appointed. Local councils have all appointed their Council Assessment Panels as required by the new Act and development decisions under the 'Development Act 1993' (SA) assessment procedures are being made by the new bodies. If the implementation of a major new planning system with new legislation and planning policy was not already causing some issues, the advent of the COVID-19 pandemic in South Australia has brought additional complexities including amendments to the regulatory system governing development controls.

Abstract: This article considers to what extent an outbreak of COVID-19 on a construction site will impact on any construction insurance contracts. It will specifically consider to what extent the presence of COVID-19 on site can be considered damage for the purposes of the material damage section of a contract works insurance contract.

Abstract: Reports on Government pledges to ensure building safety measures are a continued focus, despite the coronavirus pandemic, which include: the introduction of a new national building Safety Regulator; reforms to the duty holder regime; improving resident engagement; increased regulation of construction products; and promoting competence in the construction industry.

Abstract: The outbreak of coronavirus, or COVID-19, has significantly disrupted every facet of life. Planning law has not been immune. Landowners and developers may find themselves hard-pressed to meet deadlines for the substantial commencement of a development approval within the statutory two years1 or the implementation of a subdivision approval within the statutory period of three or four years2 (depending on the numbers of lots in the subdivision) and meet deadlines associated with construction and development. Are there options for parties to retain their approval when circumstances make it difficult to comply with the time limits?

Abstract: With apologies to Gabriel Garcia Marquez, the title sums up both the subject-matter of this article, and its goal. In short, my argument is that under NZS 3910:2013 (generally thought to be the most commonly used standard form contract for non-residential construction projects in New Zealand), the Engineer ought to have issued a notice of suspension in response to the COVID-19 lockdown.

Abstract: Considers whether variation clauses in construction contracts could be invoked to address changes such as the scope of work or revised methods of working as a result of the coronavirus pandemic.

Abstract: Analyses the effect of COVID-19 on the wind power industry where forecasts estimate reductions as high as 9GW in 2020 installations, and what reliefs there may be for such projects under FIDIC Silver Book 1999 edition.

Abstract: Considers the UK Government's call for good contractual behaviour by parties to construction contracts to support an economic recovery following the COVID-19 pandemic, and how businesses can observe best practice in meeting their contractual obligations.

Abstract: Examines the legal implications relating to the implementation of new technologies and processes that aim to help the construction industry ensure compliance with ongoing COVID-19-related restrictions in the workplace and how such technologies may be adopted in the longer term. Highlights the need for the purchaser to carefully review contracts with suppliers of such technology.

Abstract: Considers whether changes to a contractor's working methods or procedures in compliance with the Government's COVID-19 Standard Operating Procedures could qualify as a change in law or a variation or whether such changes fall within the principal contractor's pre-existing obligations under the Construction (Design and Management) Regulations 2015.

Abstract: Australia is presently grappling with some unprecedented changes brought by the COVID-19 outbreak: personnel in quarantine, borders closing and worksites at a daily risk of lockdown. In this article, we summarise how this risk may be allocated under construction contracts and provide some practical tips on the administration of those construction contracts in light of the impact of COVID-19.

Abstract: Discusses what insurance covers may be applicable and to what extent losses may be recoverable in COVID-19-related claims where "fundamental" risks including pandemics are generally outside the scope of the insurance market. Highlights the need for a joint approach between insurers and the Government to deal with the financial implications of future pandemics.