The Burges Salmon blog

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Corruption in construction – a warning

In light of Sweett Group's conviction under the Bribery Act's strict liability corporate offence, construction businesses must ensure that they have "adequate procedures" to prevent bribery.
29 November 2016

Government's Air Quality Plan quashed – what are the implications for construction?

The High Court tells the government to move more quickly and take tougher measures to address poor air quality. What does this mean for construction projects?
29 November 2016

Construction and engineering Pre-Action Protocol – revised and revitalised

The second edition of the Pre-Action Protocol for construction and engineering disputes came into force on 14 November. It aims to create a more proportionate, quicker and cheaper process. 
29 November 2016

Air Quality: another High Court decision on government policy and powers

The High Court has ruled that the government's plans to address poor air quality do not do enough to meet the UK's legal obligations under EU law.  
03 November 2016

Clean Air Zones: The Experts' Opinions

UK Government is backing Clean Air Zones to solve poor air quality. We hosted a workshop with some of the UK's top air quality experts to examine the issues. Here are the key learning points.
31 October 2016

Accident Branch investigations: what can they be compelled to disclose?

Two recent High Court decisions have held that evidence obtained during an Air Accident Investigation Branch safety investigation should not ordinarily be disclosed for criminal proceedings.
21 October 2016

Construction contract drafting in a post-Brexit world: change of law clauses

Brexit sent shockwaves through the construction sector. Now the dust has settled we look at how change of law clauses may be drafted and negotiated differently.
28 September 2016

NEC3 Activity Schedules: get them right or suffer the pain

Activity Schedules under the NEC3 forms of contract – there's more to them than meets the eye. A failure to understand their subtleties can lead to confusion and serious cash flow implications.
28 September 2016

Is domestic arbitration set for a resurgence?

Domestic arbitration has been overtaken by adjudication and the efficiency of the TCC. With uncertainty over Brexit and the increased cost of litigation is arbitration set for resurgence?
28 September 2016

Does the Thames Tideway Tunnel show the way for post-Brexit infrastructure funding?

Brexit raised concerns about the future funding of infrastructure. We consider whether the innovative Thames Tideway Tunnel funding model shows the way for the delivery of other projects.
28 September 2016

Costs in adjudication: can you recover using the Late Payment Act?

Does the Late Payment of Commercial Debts (Interest) Act 1998 provide a way of claiming costs in adjudication? The recent case of Lulu v Mulalley has reignited debate.
28 September 2016

The Project Bank Account: permanent fixture or passing trend?

During economic uncertainty, the construction industry (and government) often looks for ways to alleviate common payment problems on projects. Are Project Bank Accounts part of the answer?
28 September 2016
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