26/11/20
HMRC introduced the 'off-payroll working rules', commonly referred to as the 'IR35 rules' in 2000, to tackle situations where some contractors took advantage of the tax efficiencies of providing their services through their limited company or another type of intermediary, when in…
07/10/20
The HSE has just announced that it will be conducting its latest round of construction site inspections throughout October. They are focussing on various issues, most notably how sites are dealing with exposure to dust (in all its forms). Construction workers are disproportionately more likely to…
07/10/20
The imaginatively named Town and Country Planning (General Permitted Development) (England) (Amendment) (No.2) Order 2020 came into effect on 31 August 2020 and is the second phase of the Government's permitted development rights relating to upward extensions. The government stated that it…
06/10/20
PPN 04/20 provides essential considerations for those in the construction sector, acknowledging that Covid-19 is not a shot term crisis. Partnership and transparency Contracting authorities are reminded to continue to work in partnership with suppliers, to pay suppliers as promptly as possible…
06/10/20
Do you know what the payment provisions are within your contract? How do you ensure that you comply with the timeframes? Are your payment terms compliant with the Scheme for Construction Contracts? A recent Technology and Construction Court decision in the matter of Rochford Construction…
06/10/20
The Job Retention Bonus aims to reduce the scope for compulsory redundancies by rewarding employers who retain their furloughed employees. The bonus is a fixed £1,000 one-off taxable payment, payable to the employer, for each eligible employee that was furloughed and kept continuously employed…
12/08/20
The number of new homes being built each year in the UK continues to rise. According to NHBC's annual new homes statistics, this has risen by more than 80% over the last decade and in 2019 alone, 161,022 homes were registered with NHBC. At Forbes Solicitors we have a specialist team in our…
13/07/20
On the 1st July 2020, the HSE released the annual figures for 2019/20 for workplace fatal injuries reportable under RIDDOR and falling within their jurisdiction as enforcement authority. The figures as yet are provisional and will be finalised in July 2021. What are the Key trends shown by the…
03/07/20
There is undeniably a risk that COVID-19 will have a detrimental impact on the Construction Sector. It has recently been forecasted that the Construction industry will see over 10% of businesses failing in the next year. This will leave a trail of insolvent construction sector debt totalling £1.…
03/07/20
Coronablindness (Noun) "To become blind to previously obvious matters as a result of a temporary impairment of the mind caused by a global pandemic, mass lockdown and/or over-indulgence in alcoholic beverages during said periods". Usage "Sorry I forgot to put apply the…
02/07/20
Since working from home has become "the new norm", we've been asked to consider whether the use of digital transaction platforms and e-signatures is appropriate for executing deeds. In addition, whilst social distancing continues, can witnessing of signatures be done remotely? On 18…
02/07/20
In January, the first reading of The Small Business Commissioner and Late Payments etc Bill 2019-21 (the "Bill") took place in the House of Lords. In what would be a welcomed development for contractors in the construction sector, the Bill proposes wide-ranging reforms to current statutory…
02/07/20
Have you gone far enough in regards to your obligations under the Equality Act 2010? There is no doubt that over the last quarter of the year you have lost sleep wondering if your business will survive the worldwide pandemic brought on by the spread of covid-19. The Government recently announced…
18/06/20
Do you know what losses you are able to recover from the other side if they are in breach of contract? Do you know what losses you will be liable for if you are in breach of contract? Now more than ever you need to evaluate your existing contracts to see how exposed you are in terms of the…
14/05/20
Following the announcement made by Boris Johnson on Sunday, employers across the construction sector are being faced with the difficult task of determining what in practical terms a safe return to work looks like. The message is clear that construction should continue if it cannot be reasonably done…
11/05/20
How do you keep your workforce safe from a virus which has spread the globe on pandemic scales, leaving death and destruction in its wake? It is fair to say that last night's announcement has left those Britons desperately seeking respite from lockdown considerably underwhelmed but, now there…
28/04/20
A few years ago, US Secretary of State Donald Rumsfeld, made a statement about unknown knowns and known unknowns, which is an example of the struggle of trying to articulate uncertainty into a decision-making process. In recent weeks, clients and property lawyers have been attempting to distinguish the…
24/04/20
In Part 2 of our Construction Disputes series, we explored tactics for managing delays in construction projects from the perspective of an Employer. We are currently experiencing unprecedented times with COVID-19 and the construction sector is experiencing significant disruption. Contractors are…
24/04/20
Contractors concerned that they could face delays or increased costs as a result of COVID-19 should consider whether they have any express entitlements to relief under their contract. This article will consider the possible entitlements under JCT and NEC standard form contracts. JCT Force…
09/04/20
The challenging times in which we currently find ourselves is also affecting the property development and construction sector and many businesses are seeking assurances from funders, contractors, supply chains and professional support services. The number of developers and construction firms…
01/04/20
With Government policy that construction sites should remain open during the coronavirus lockdown, a health and safety law expert believes it'd be wise for bosses to consider stopping operations to avoid needless risks and breaches of health and safety. David Mayor, Insurance Associate at…
25/03/20
The coronavirus outbreak has produced a lot of government action targeted at keeping infections down and that has in turn affected a lot of organisations, their contracts with each other and their plans for future procurement. For buyers subject to the Public Contracts Regulations 2015 (PCR) or the…
03/02/20
A latent defect may not become apparent for many years after practical completion. As a result of this time lapse, limitation becomes a live issue within many construction disputes. It is a central issue to be considered whether you are thinking of bringing a latent defect claim and is also a useful…
16/01/20
In light of the Grenfell Tower tragedy in 2018, fire safety should be at the forefront of the minds of developers and home builders alike. Following the findings of an independent review being published in December 2019, housing developer Persimmon has been subjected to heavy criticism after a…
15/01/20
The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this it is worth considering one aspect of…
13/01/20
April tends to be a busy and stressful time of the year for many businesses who have the end of their financial year around this time, multiple employees on annual leave over the Easter holidays, together with changes to make in line with new legislation - particularly in respect of your employees…
13/01/20
Construction projects involve the completion of a myriad of deeds, contracts and other documents. Project staff at sophisticated corporate clients are usually very experienced in the business not only of negotiating such contracts but arranging for their signature too. So, what is the value in retaining…
13/01/20
When negotiating commercial contracts, parties often become embroiled in extensive negotiations when it comes to each party's legal liability in the event that a breach of contract takes place. This is particularly apparent within the construction sector, which is largely owing to the affect that…
13/01/20
In Part 1 of our Construction Disputes series, we identified that delay and quality issues are often the biggest problems for construction projects and the cause of most disputes. Delay may increase both the time for performance of the contract and the cost of performance for both the Employer, the…
13/01/20
Construction litigation is costly, uncertain and high risk. It gets in the way of ongoing projects, places financial strain on contractors, and creates disruption in the timeframes of a build. Court Proceedings should be a last resort. Whereas the priority for all parties is to get the project…
