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Welcome to the first edition of 'Building Blocks', Charles
Russell's new quarterly on-line update focused on the Construction
and Engineering industries. The update is produced by Charles Russell's
specialist Construction and Engineering Team. Building Blocks
aims to profile legal developments and case law that may affect
your business.
In this first edition, we consider major changes impacting the
industry over the last 12 months and review a selection of the most
significant adjudication and construction cases.
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CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2007
Statistics illustrate that health and safety remains a key area
of concern for the industry. In 2005/2206 there were 59 fatalities
and 3,677 major injuries to construction employees. In this context
new Construction (Design and Management) Regulations 2007 came into
force on 6 April 2007 replacing the 1994 Regulations and the Construction
(Health Safety and Welfare) regulations 1996.
For further information on the changes and details
of the transitional arrangements please click
here.
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ADJUDICATION CASE LAW UPDATE
The adjudication process and particularly the enforcement of adjudication
decisions have been the subject of a number of cases in the Technology
and Construction Court and the Court of Appeal over the last 12
months.
Please click
here for an overview of key cases in the last 12 months.
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CHANGES TO THE PRE ACTION PROTOCOL FOR CONSTRUCTION AND ENGINEERING
DISPUTES
The 6 April 2007 was a busy day for the industry. As well as the
introduction of the new CIS Scheme and the new CDM Regulations,
a revised Pre-action Protocol for Construction and Engineering Disputes
came into force. Pre-action protocols govern the conduct of parties
prior to litigation being formally commenced.
For more information on the changes and the applicability
of the protocol please click
here.
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NEW CIS SCHEME
A new Construction Industry Scheme came into force on 6 April 2007.
The aims of the new scheme are to reduce regulatory burden, to improve
compliance and to simplify the classification of business status.
A failure to comply with the new regime will result
in tough financial penalties. Please click
here for further information on the revised scheme.
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CHANGES TO THE HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT
1996
The Housing Grants Construction and Regeneration Act 1996 is renowned
for introducing a statutory right to settle disputes through adjudication.
However, it also introduced a payment regime which applies to all
contracts that are governed by the Act.
For a reminder of the payment provisions under the
Scheme and details of the proposed changes click
here.
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CONSTRUCTION CASE LAW UPDATE
Please click
here for details of a number of high profile significant cases
from the last 12 months.
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For more information on Charles Russell's
Construction & Engineering Team click
here or contact David at david.savage@charlesrussell.co.uk
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