Building Voices

This episode takes a look at the Procurement Act 2023, which was brought into force in England, Wales and Northern Ireland on 24 February 2025. Six months on, hosts Emma Hutchinson (Construction Disputes) and Emma Blundell (Public Procurement) explore how the new public procurement regime is bedding in, the early trends we are seeing across live projects, and the pitfalls our clients operating in and outside of the construction sector should be aware of to stay ahead of the curve. Offering practical perspectives and expertise, this episode is essential listening for anyone involved in public procurement or delivering construction and infrastructure projects.

A new duty on employers to take reasonable steps to prevent sexual harassment in the workplace including harassment by third parties, came into force on 26 October 2024. While sexual harassment can happen in any workplace, there are factors specific to the construction sector (including onsite working and frequent interactions with contractors) which mean that there are multiple sexual harassment hotspots which can be difficult to manage in practice. During this podcast CMS employment partner Catriona Aldridge speaks to Lucy Kendall from Laing O’Rourke about the measures Laing O’Rourke has brought into place in anticipation and in response to the new legislation. The podcast covers: What is meant when we talk about sexual harassment? What has changed with the new duty to prevent coming into force? What can construction companies do to practically comply with the duty? An update from Laing O’Rourke – what is the construction industry’s perspective on the duty to prevent obligation, and what are the challenges to ensuring compliance?

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 A discussion on how the CMA generally initiates investigations and a consideration on whether it has adopted any specific practices in the construction sector Types of infringing behaviour seen in the building and construction industry A consideration of whether the CMA has become more active in taking proceedings against directors in a personal capacity Lessons learnt from the report and trends to look out for in the future for the sector, including relating to ESG and labour markets 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 The different methods of executing a contract or deed by a company in England and Wales How electronic execution works (and some of the issues that can arise) What happens when contracts are not properly executed 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  how the Court of Appeal decision differs the impact this decision will have when drafting new construction contracts how the decision impacts on live projects, and what consequences are likely to arise in terms of construction disputes 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; Issues that in-house counsel are seeing in relation to risk management; Why disputes continue to be dealt with at the end of a project; What the latest issues for ESG are in the construction industry; and The likely impact of AI going forward. 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. The role of Great British Nuclear in identifying opportunities for new nuclear projects. Challenges to the construction industry in managing nuclear projects, and how those can be addressed. What’s next for the sector, including the new technologies on the horizon.

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 The key facts from this case What the court considered What the impact is for employers and contractors alike and what steps they can take The possibility that it is all going to change again in the Court of Appeal 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 Health and safety considerations of RAAC What RAAC means for landlords and tenants and who is liable Possible claims brought against employers, occupiers and landlords What mitigating measures can affected parties take  

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? What is a “true value” adjudication – a key way for a paying party to recover from a smash and grab and restore the parties’ underlying entitlements What has the position been on when a true value adjudication can be kicked off? What the latest case law tells us – how an immediate payment obligation arises once there is a notified sum, even if a smash and grab adjudication has not been raised; and the court’s view on whether a “genuine dispute” on payment notices allows a true value adjudication to be started in the absence of payment Four key points to remember about when a true value adjudication can be started 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: Changes brought in by the Defective Premises Act Changes brought in by section 38 Building 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 who has to serve the notices when the notices have to be served what those notices should contain, and what happens if an employer gets a termination notice wrong 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 Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2598.html Manor Co Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2715.html 

In this episode we hear from David Wileman, a delay expert from Diales on the key principles of delay in construction projects (including notices, causation, concurrency and records) as well as a discussion on common mistakes by contractors and top tips for handling delay claims.

This episode is the second of a two-part podcast looking at equality, diversity and inclusion in the construction industry.  In this part two, Rae Avatar Barnett Head of People (Europe) and Sade Peters Legal Business Unit Leader for the Specialist Trading Business Group speak about their involvement in and experience of the steps international engineering and construction company, Laing O'Rourke, are taking to attract a more diverse and workforce and become a more inclusive employer, at both an organizational and an individual level.

This episode is the first of a two-part podcast on the theme of equality, diversity and inclusion in the construction industry. Statistics indicate a significant lack of diversity across the industry workforce. This is particularly problematic against the backdrop of an anticipated longer-term skills shortage when the sector needs to attract new talent. In part one Catriona Aldridge from the CMS employment team outlines key elements of the UK law on discrimination in the workplace, as avoiding discrimination is fundamental for any employer looking to attract a more diverse workforce. We'll be following up in part two with a look at diversity & inclusion in action with international engineering and construction company, Laing O'Rourke.

Podcast No.13 in the CMS Building Voices series considers a recent decision of the Scottish Courts, in which enforcement of an Adjudicator’s decision was successfully resisted on grounds of material breach of natural justice. In the matter of Van Oord UK Limited v Dragados UK Limited, the Court of Session refused enforcement on grounds that the Adjudicator’s decision had materially departed from the parties’ submissions and consequently deprived Dragados of an argument that could have altered the outcome. While considering why Dragados was able to successfully resist enforcement on this occasion, the podcast also serves as a healthy reminder that courts are typically reluctant to do so. To read more about the decision, please see the judgment here and our recent article here.

Podcast number 12 in the CMS ICE Disputes Building Voices podcast series is a discussion in Spanish between Colin Johnson and Michael Laming of HKA, and Robin Wood and Joaquín Gotor of CMS. They discuss quantum, specifically: quantifying damages and losses.   When facing a breach of contract claim, what can the aggrieved party claim? Claims for loss of profit, loss of opportunity and loss of value may seem difficult, however, with the correct, surgical approach, they may prove very effective.   Colin Johnson, a partner at HKA London, and Michael Laming, an associate director, discuss their experience with:  loss of value; loss of opportunity; and loss of profit claims.  Join our speakers for tips based on previous experience with these claims.

Podcast number 11 in the CMS ICE Disputes Building Voices podcast series is a review of the recent changes to witness statements coming from Practice Direction 57AC and in particular the guidance given in Blue Manchester Ltd V BUG-Alu Technic GmbH [2021] EWHC 3095 (TCC), one of the first cases to look at the changes and requirements of the new Practice Direction in detail. This Practice Direction and the case are important for anyone involved in the process of witness statements, either taking them or giving them. The podcast covers: the six key principles to take away from the case; the new limited role of documents in witness statements; the approach of the judge in Blue Manchester Ltd V BUG-Alu Technic GmbH; and key practical tips to make taking witness statements as smooth as possible. To read more about the decision please see the judgment in Blue Manchester V BUG-Alu Technic here. The case of Mansion Place Ltd v Fox Industrial Services Ltd is also recommended, with the judgment accessible here.

In the latest episode, we review the recent TCC decision in Downs Road Development v Laxmanbhai Construction which is the first to consider the subjective requirement for a valid payment notice under the Construction Act. This case is important for anyone involved in payment under construction contracts, looking in depth at the payment regime within the Construction Act and focusing in particular on the requirement for an issuing party to have a genuine belief in the sum stated as due. The podcast covers: a recap of statutory requirements for payment notices under the Construction Act; the Downs Road decision – the need for a genuine belief in the sum considered to be due; why this is different to previous cases; what parties need to do now; and the implications going forward. Episode ten is available to listen to here. You can listen to all episodes in the Building Voices podcast series here.

In particular, they discuss the 2020 ICSID tribunal decision of Staur Eiendom AS, EBO Invest AS & Roxy Holding AS v Republic of Latvia. This decision, although not itself related to the COVID-19 pandemic, is very relevant to the economic upheaval wrought by the pandemic and the consequent reappraisal of many infrastructure projects across the globe. The podcast provides a preview to the CMS Annual Review of English Construction Law Developments 2021.