Construction



Meet the Co-chairs - TAGLAW


Rintoul, David
Clarkslegal LLP
drintoul@clarkslegal.com


Mead, Patrick
Carter Newell
pmead@carternewell.com


Construction


Author: Keith Lancaster

I mentioned last week that planning rules are changing rapidly in an unprecedented way to assist the COVID-19 response.

The latest development is the introduction in Wales of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2020/367 ("the Order") from 30 March 2020.

Read more: Fighting COVID-19: Permitted Development to Assist Temporary Hospital Provision


The recent decision of Icon Co (NSW) Pty Ltd v Australia Avenue Developments Pty Ltd [2020] NSWSC 178 relating to the high profile Opal Towers construction is a wake up call to contractors of the need to be very careful when agreeing to any terms or conditions that amend the standard provisions regarding recourse to security. In short, the Courts will give effect to the ordinary and natural meaning of the words in such clauses and if they give wider rights to call on security, then the contractor will be unlikely to prevent such recourse.

Read more: You Get What You Give - Protecting Security Under Contracts


Coronavirus is already staking a strong claim to be 2020's "new word of the year".  Although the ultimate trajectory of COVID-19 in the UK remains uncertain, at the time of writing, the government anticipates it will "spread in a significant way" – and supply chain issues look set to extend well beyond panic buying of hand sanitiser and toilet roll.

Read more: COVID-19: Who Bears the Contractual Risk for Construction Project Delivery?


Authors: Kate Hanson, Ted Williams

On 27 February, the Prime Minister Scott Morrison announced a Coronavirus Emergency Response Plan, “getting out well ahead of the World Health Organization”, in preparing for a global pandemic. Recent events gives rise to the question, how may parties be legally be exposed or protected where supply chains are interrupted by global crises? Force majeure provisions can relieve performance obligations for events beyond the reasonable control of contracting parties.

Read more: Force Majeure in the Age of COVID-19


Author: Sadie Pitman

The National Planning Policy Framework (NPPF) tells us that, in order for a local planning authority to come to a decision on a planning application, applicants should describe the significance of any heritage assets that will be affected by the application and local authorities should assess the significance of said affected heritage assets (see paragraphs 189-190).

Read more: How Should we Categorise "Harm" to Heritage Assets in the UK?