Summer Construction Case Update

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In this Summer Construction Case Update, Peter Vinden, chief executive of The Vinden Partnership, provides the latest information on a range of key issues affecting the construction sector

Firstly, Peter looks at the legal guidelines governing what firms can do if they are the victims of slips, errors or just plain cock-ups in adjudication and want to revisit the decision.

Errors and mistakes can happen in any walk of life, of course, and Peter discusses the circumstances where adjudicators are permitted to look again and amend a decision.

Next, Peter examines the legislative and regulatory response to the Grenfell Tower disaster, one of the lowest points for the construction and building control sectors in living memory.

He argues that while few would complain about the government’s “safety first” approach to reform in the wake of the tragedy, there could be potentially serious and unintended long-term consequences from the push to remove ACM materials from privately owned buildings.

Funding is available for public bodies to compel building owners to take action but, Peter warns, as things stand there is no guarantee that insurers will settle the large claims that will inevitably follow, while some consultants and contractors are already experiencing problems with PI insurance renewals.

Finally, in the Summer Construction Case Update, Peter takes a look at the Court of Appeal’s decision regarding insolvent claimants and adjudication.

This important judgment looks at the tension between the law concerning adjudication law on the one hand and insolvency law on the other.

Peter discusses the distinction between insolvency and CVAs, and what the judgement means for claimants.

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