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Published 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.
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.
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.
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.
The Construction Plant-Hire Association (CPA) has published fresh guidance on rescuing people from tower cranes.
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.
In Westshield v Whitehouse – the Court considered for the first time the impact of Creditors Voluntary Arrangements on adjudications.
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.
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.
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.
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