Eugene Lenehan’s Post

A great summary of changes introduced in the 2024 edition of JCT design & build construction contracts (which still remains one of the most popular form of contract used in construction) to account for the recent changes in legislation such as Building Safety Act and changes to Building Regs.

In our latest article, my colleague Patricia Nathan-Amissah considers the various forms of #jct contract and when it is appropriate to use them. link below ~ #construction #constructionlaw

check out Cole Tavener and I's recent blog post on ODACC's latest annual report. #constructionlaw #constructionlitigation

The Joint Contracts Tribunal (JCT) has recently announced the release of its next edition of contracts, JCT 2024, at the annual Construction Industry Parliamentary Reception in the House of Commons. This is the final instalment of our four-part series, where construction and engineering Associate, Cayla Huntley, examines the alterations brought by JCT 2024 contracts to the realm of construction. In this blog, Cayla looks at the complex terrain of fluctuation provisions within JCT contracts, exploring how they can help mitigate the impact of price volatility and highlighting potential pitfalls and challenges. ➡️ https://ow.ly/iJ8C50PAKOP #roythornessolicitors #construction #engineering #contracts #jct2024

The latest annual report from Ontario Dispute Adjudication for Construction Contracts shows slightly wider acceptance of adjudication in the province’s construction industry. In the Construction and Infrastructure Law in Canada Blog, Osler’s Lia Bruschetta and Cole Tavener consider the report and its implications for industry stakeholders. https://ow.ly/aBkp50QctiG

A useful note here from Deirdre Hennesey of BAM and Eammon Conlon SC on the progress of adjudication so far and construction dispute resolution generally:

The Technology and Construction Court’s (TCC) decision in Carillion v EMCOR has become a keystone in understanding extensions of time (EOT) concerning concurrent delays, especially after the findings of the subsequent appeal. Let’s dissect the pivotal elements and their implications for the ‘prevention principle’ in UK construction law: • Subcontract Scrutiny: The initial dispute centered on interpreting the DOM/2 subcontract form and its provisions for EOT amidst concurrent delays. • Concurrent Delays Stance: Originally, the TCC ruled that contractors could claim an EOT for concurrent delays, regardless of whether all contributing factors were ‘Relevant Events’. • Appeal Outcomes: The appeal reinforced this view, solidifying that EOT should be awarded for the full period of delay caused by the relevant event, not diminished by concurrent factors. • ‘Prevention Principle’ Impact: Crucially, both decisions address the ‘prevention principle’, articulating that contractors should not be penalized for delays beyond their control, aligning with the established ‘but for’ test for causation in EOT assessments. The Carillion v EMCOR case, through its initial decision and appeal affirmation, provides a clear directive on EOT evaluation in the presence of concurrent delays. It stresses the importance of precise contractual language and factual assessment of delays, shaping how the construction industry interprets and applies the ‘prevention principle’ for fair and equitable contract management. #Carillion #EMCOR #ConstructionLaw #ConcurrentDelays #TCC #ExtensionOfTime #PreventionPrinciple #UKConstruction #ButForTest

Follow the link for updates and insights from #TeamSPB on recent developments in the construction and engineering space

Not all construction management contracts are created equal. Read this quick primer by James De Melo for a breakdown of the differences between CCDC 5A and CCDC 5B style agreements. https://bit.ly/3y7WRZh #constructionact #constructionlaw #constructlegal

Take a look at Rachel's summary of the key differences between the 2016 and 2024 editions of the #JCT Design and Build Contract