• Briefing: Beyond Brexit: trade and procurement implications for the UK construction industry

      Charlson, Jennifer (ICE Publishing, 2021-03-10)
      The UK left the EU, commonly referred to as ‘Brexit’, on 31 January 2020. From 31 December 2020, new EU law does not apply and the European Court of Justice no longer has jurisdiction in the UK. The new EU-UK relationship, which began on 1 January 2021, is explained. The majority of the provisions of the EU-UK Trade and Cooperation Agreement (TCA) came into force in the UK on 31 December 2020. Significant issues for the construction industry are detailed including supply chain concerns, the ‘level playing field’ implications, restrictions on the movement of people, limitations on the recognition of professional qualifications and different product standards. Regarding procurement, the TCA has mandated consideration of environmental, labour and social issues and that UK and EU suppliers must be treated equally in both the UK and EU. The UK is now an independent signatory to the World Trade Organization’s Agreement on Government Procurement. Northern Ireland, as an outcome of the Northern Ireland Protocol, has in effect remained in the EU’s single market for goods.
    • Late disputes and the NEC3 Engineering and Construction Contract

      Ndekugri, Issaka E. (Institution of Civil Engineers, 2016-03-07)
      One of the reasons for project owners’ choice of the NEC3 Engineering and Construction Contract (ECC) is the avoidance of the risk of claims and disputes long after project completion. In a number of cases the court has been presented with difficult questions concerning adjudication after project completion and delayed reference of adjudicated disputes to the applicable final tribunal. The cases have not been from projects procured with NEC contracts. This paper critically examines these questions, the court’s answers to them and their implications for the NEC3 ECC family of contracts. It concludes that, in the drafting of future editions of the contract, the promoters of the contract should consider provisions targeted at: ensuring that the test of awareness for the purposes of the Clause 61.3 time-bar is on an objective basis; conclusive evidence clauses that impose a disincentive against seriously delayed challenges to assessment of compensation events and payment; and providing that the decision of an adjudicator becomes finally binding if the dispute decided is not referred to the tribunal within a stated period.
    • Law for engineering undergraduates on accredited courses

      Charlson, Jennifer (Thomas Telford, 2014-08-01)
      To achieve economies of scale, engineering departments in UK universities may choose to develop common modules. Law is a candidate for such shared delivery. However, professional institution accreditation for undergraduate degree programmes is important. Therefore engineering professional institutions' accreditation documentation was analysed and the relevant law requirements were extracted and summarised. The accreditation role of the Engineering Council and Joint Board of Moderators is explained. In addition, in recognition of the close relationship between civil engineering and construction the Royal Institution of Chartered Surveyors and Chartered Institute of Building's requirements were scrutinised. This paper then critiques the engineering and construction professional institutions' law requirements. Some overlap between the legal topics required by engineering and construction professional institutions is identified; for example, the legal framework, contract, environmental and health and safety law. They differ in that engineering bodies additionally require intellectual property awareness and construction institutions include dispute resolution and land law. It can be argued that both professional bodies should recognise the importance of European law. Who was consulted about the content and who could teach law to engineering and construction undergraduates is questioned. There is some commonality between the requirements of the engineering and construction professional institutions facilitating the delivery of shared law modules.