Regular Update on Legal Issues: Construction - January 2014 - DAC Beachcroft

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Regular Update on Legal Issues: Construction - January 2014

Published On: 30 January 2014

Welcome to 2014 and to the first edition of DAC Beachcroft's regular update on legal issues which affect Contractors.

We intend to cover all areas of law we consider to be relevant e.g. Contract, Tort, Employment, Health & Safety, Regulatory, Procurement, Insurance, Insolvency and Dispute Resolution.


Fee for Intervention (FFI)

It is now over a year since the HSE's costs recovery scheme was introduced on 1 October 2012, placing a duty on HSE inspectors to charge for their time where they identify a material breach of health and safety law.

Read more here.



Change of contractor or sub contractor equals transferring employees – well no, not always

Can there be a TUPE transfer when a sub contractor or main contractor is replaced? This article looks at why often there won’t be.

Read more here.


Changes to CDM Regulations

The HSE continues with its work to revise the Construction (Design and Management) Regulations 2007. A revised CDM Regulatory package was presented to the HSE Board in May 2013.

Read more here.


New guidance on rescuing people from tower cranes

The Construction Plant-Hire Association (CPA) has published fresh guidance on rescuing people from tower cranes.

Read more here.


Corporate Manslaughter update

J Murray & Sons, a Northern Ireland company has become the fourth company to be convicted of corporate manslaughter under the Corporate Manslaughter & Corporate Homicide Act 2007.

Read more here.


Insolvency issues

Adjudicators Decisions, where one party is in a Creditors Voluntary Arrangement

In Westshield v Whitehouse – the Court considered for the first time the impact of Creditors Voluntary Arrangements on adjudications.

Read more here.


Insolvency issues

Court reviews the financial status of a Referring Party at the time of contracting and granting a stay

In Pioneer v John Graham – the Court noted that the Referring Party had misled the Responding Party as to its solvency when entering into the contract. The Court granted a stay of enforcement.

Read more here.


Insolvency issues

Court considers the impact of a guarantee and Insolvency provisions

In Skerritt v Calendonian – the Court considered the Insolvency Rules and the impact of a guarantee from a third party when considering whether to stay the enforcement of a decision.

Read more here.


Construction Skills Certification Scheme

The Construction Skills Certification Scheme (CSCS) is set for reform. From July 2014, those applying for or renewing the entry level Green Card will be required to complete a Level 1 vocational qualification course in Construction Health and Safety This should help improve construction safety by ensuring that all workers on construction sites have a basic level of competence.