In this episode, our experts look at a first-of-its-kind competition enforcement report produced by the CMS Competition team.

The report provides a rigorous analysis of competition enforcement in the UK, analysing all 164 of the Competition and Markets Authority’s investigations appeals to the Competition Appeal Tribunal since the early 2000s.

In this discussion, two authors of the report (Neil Baylis and Lucy Charatan of CMS’ Antitrust, Competition & Trade team), discuss building and construction highlights from the report.

The podcast covers:

• A summary of the contents of the report and how it is relevant to businesses operating in the building and construction sectors

Explore CMS' UK competition enforcement report

In this episode, our experts take a look at execution formalities for deeds concerning construction documents and the possible challenges that might arise from something that seems like a mere formality but which parties often get wrong, leading to serious consequences down the line.

We also discuss the execution issues from both a drafting and disputes perspective, and cover:

• What execution formalities are and what the legal requirements are for executing a deed

Catch up on previous episodes: Building Voices | ICE Disputes | Podcast Series | CMS United Kingdom

Our experts take a look at the recent Court of Appeal decision, which revisits Providence Building Services Limited v Hexagon Housing Association Limited,  and the meaning of the JCT termination provisions for repeated breach.

They also discuss:

• what the TCC originally decided 

Explore this topic further in our LawNow article

In this episode, Anne Thompson speaks to Adrian Bell and Rafal Morek about some of the key points coming out of the CMS International Construction Study 2024. The study, conducted in partnership with YouGov, surveyed 125 senior in-house counsel in the international construction, infrastructure and engineering industries, asking them about the biggest challenges of managing disputes and how those challenges can be met.

The podcast discusses:

• Trends in construction disputes based on the feedback in the survey;

A link to the CMS International Construction Study 2024 can be found here.

In this episode, Conor Rodgers invites David Turner to discuss his recent experience advising the construction industry on nuclear projects in the UK. David reflects on his ongoing involvement with the Sizewell C and Hinkley Point C projects to discuss:

• What is driving the growth of the nuclear sector in the UK, including net zero targets and ambitions for energy security.

In this episode, Anne Thompson and Tim Atwood look at the recent TCC decision of Providence Building Services Limited v Hexagon Housing Association Limited [2023] EWHC 2965 and the meaning of the JCT termination provisions for repeated breach. They also look at the practical steps parties can take to protect themselves.

The episode focuses on:

• The key JCT clauses on repeated breaches

You can also find out more by reading Tim's article on termination for repeated breach and late payment under the JCT.

In this conversation between Emma Hutchinson, Aimie Farmer, Gregor Woods and Ellie Black, we discuss the ongoing impact of Reinforced Autoclaved Aerated Concrete (“RAAC”).

The discussion covers the health and safety considerations of having RAAC in a property, who RAAC claims could be brought against and what practical steps can be taken to mitigate against the risk of RAAC.

This episode covers:

• The impact of RAAC

In our latest episode Conor Rodgers and Jane Fender-Allison, both of CMS’ ICE Disputes team, discuss what you need to know about "smash and grab" adjudications.

They recap what they are, what their counter true value adjudications are and what the latest case law tells us. 

In short, that case law now means paying parties in construction contracts have to be extra vigilant in meeting their obligations around payment and notices under the Construction Act regime, or face tight restrictions on when they can start a true value adjudication.  

Topics of discussion include:  

• What is a “smash and grab” adjudication?

To read more on this please see CMS’ update here: Smash and grab” vs “true value” adjudications: where are we now? (cms-lawnow.com)

Podcast number 18 forms part of a mini series on the Building Safety Act and takes the format of a discussion between Frances Gordon-Weeks of CMS and Wen Jin Teh of Keating Chambers.

Key points to consider are:

1. Changes brought in by the Defective Premises Act

To read more about the Building Safety Act, please see CMS’ updates here:

Building Safety Act 2022: overview and commencement (cms-lawnow.com)

Building Safety Act 2022: a shift in the liability landscape (cms-lawnow.com)

Building Safety Act 2022: the new approvals regime for higher-risk buildings (cms-lawnow.com)

Building Safety Act 2022: implications for leaseholders and the cost of making buildings safe (cms-lawnow.com)

The Fire Safety (England) Regulations 2022 (cms-lawnow.com)

Building Safety Act Register opens next month: a step-by-step guide to (cms-lawnow.com)

In this episode, Anne Thompson and Emma Hutchinson review key cases on termination in 2022, focusing in particular on the JCT 2016 form of contract. 

This episode gives guidance to employers to help them understand the risks and pitfalls that arise if they deviate from the contract wording on termination. 

We cover:

• where and how to serve notices of termination

To read more about the decisions, please see links to the judgments below:

• Struthers & Anor v Davies (t/a Alistair Davies Building) & Anor [2022] EWHC 333 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/333.html