Earth, Wind and Fire- Energy and the Green Agenda. The New Industrial Revolution?

Globally, notable incidents of freak weather events giving rise to destruction and death have dominated the news. The increasing frequency of these erratic climate events has undoubtedly raised awareness of global warming and, on a political level, the need for states to move quicker towards green energy and the reduction of carbon emissions. Global warming is an inescapable issue that affects us all and which has forced governments to elevate this to the top of the agenda, filtering down to economic policies that will touch upon most industry sectors.

On 31 October 2021, representatives from over 200 countries are set to descend on the Scottish city of Glasgow for the  United Nations climate change conference; the 26th Conference of the Parties (COP26).  During this global climate summit, world leaders are expected to talk all things climate change.  Commitments have already been made to aggressively tackle global warming and the reduction of carbon emissions.  Energy is therefore likely to be high on the agenda.

To read the full text of this post by Duane Morris attorneys Vijay Bange  and Tanya Chadha please visit the Duane Morris London Blog.

UK: Public Consultation and Duty to Protect

Last week marked 20 years of the horrific terror attacks on the Twin Towers in New York. 2017 saw the atrocious attacks at the Manchester Arena, and subsequently Fishmongers’ Hall in London, and sadly there were others. Global events may create yet further security uncertainty and risks from potential terror attacks.

In February this year James Brokenshire, the Security Minister, reiterated the government’s commitment to improving public security, and to action the findings and lessons learned from the ensuing inquiries. The Home Office has commenced a public consultation on the use of a ‘Protect Duty’. In short this will require businesses, public bodies and security firms to consider risks of a terrorist attack and to ensure proportionate and reasonable measures are taken to protect the public.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

UK: Disputes in the Construction, Engineering and Energy Sectors

Recently a paper was published in Construction Law, “The root cause of evil!” Construction Law, August 2021. An analysis was undertaken of HKA’s integrated research program that collects data on global claims/ disputes across 88 countries. An examination was undertaken of trends emerging across the UK, Middle East, US, Caribbean and Latin America.

To read the full text of this blog post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

UK Infrastructure: A Step Too Far?

Large infrastructure projects are often subject to intricate contractual relationships between the relevant stakeholders, and this will also include collateral warranties to cover any potential gaps in liability to mitigate potential effects of one of the participants in the contractual matrix becoming insolvent. Parties lower down the contractual chain may engage their own designers or consultants to discharge their obligations up the contractual chain. An interesting scenario arose in the recent case Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd (Formerly Dunne building & Civil Engineering Ltd (In administration) (2) BRM Construction LLC (3) Argo Global Syndicate 1200 (2021) , and the two issues that were heard by way of preliminary issue.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

Can Climate Change and Infrastructure Projects Co-Exist?

The Guardian on Tuesday 30th March had an interesting article entitled “UK criticised for ignoring Paris climate goals in infrastructure decisions”. In summary, various luminaries, scientists, legal and environmental experts, have written a letter expressing concern about the UK’s infrastructure projects and the UK’s participation in the Paris Agreement.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

UK Construction & Engineering: Cladding Crisis and Latest Government Intervention

By Vijay Bange

There was considerable interest as to what more the Government will do in its effort to tackle the issue of high rise residential buildings with dangerous cladding, and further measures to help the plight of long leaseholders who are facing significant costs to undertake necessary fire safety remedial works.

To read the full text of this blog post by Vijay Bange please visit the Duane Morris London Blog.

Another Lockdown in the UK

The New Year has been ushered in by an alarming surge in hospitalisations and sadly a dramatic increase in deaths from the ongoing pandemic. The Government was under increasing pressures to take action. Consequently, the Prime Minister has on 3 January announced another national lockdown, with measures which became law on Wednesday 6th January 2021.

To read the full text of this blog post by Duane Morris attorney Vijay Bange, please visit the Duane Morris London Blog.

 

Climate Change and Construction Revisited

The issue of pollution in major cities in the UK has again been highlighted by the tragic death of a child whose family lived near the south circular in Lewisham. In a landmark case, the second coroner’s inquest found that the levels of pollution were above world safe levels, and that air pollution was a material cause of her death. This tragic case will bring to the fore the national debate on pollution and climate change.

To read the full text of this blog post by Duane Morris attorney Vijay Bange, please visit the Duane Morris London Blog.

Follow The Money

Cash flow is the lifeblood of the construction industry.  This phrase, coined by Lord Denning MR, and cited relentlessly in the construction industry still holds true. In times of recession, following the cash and preserving the funds that are in dispute is crucial. There is no point in spending time and money pursuing a dispute to fight over a pot of cash that is at real risk of being dissipated.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Tanya Chadha, please visit the Duane Morris London Blog.

Failure to Participate in Final Arbitration Hearing Because of Inability to Find QC

Adjudicators and Arbitrators are occasionally faced with a situation where one of the parties refuses to engage in the process. In such circumstances tribunals are left in a difficult position to ensure fairness and have regard to due process, whilst also giving careful consideration as to whether it is just and appropriate to continue the process. Ultimately, however, the reluctance of one party to engage should not deprive the other of their legal and contractual rights.

To read the full text of this blog post by Vijay Bange, please visit the Duane Morris London Blog.