Building Voices

This episode explores the practical realities of navigating the Building Safety Act gateway approval process from the perspective of an experienced developer. Hosts David Turner and Victoria Adeyemi (Construction and Engineering) are joined by Seamus Keane, Development Director at Ridgeback Group Limited. Drawing on first‑hand experience of a flagship build‑to‑rent scheme in central Manchester, th...

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...

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...

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 Ba...

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 forma...

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...

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 c...

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 Britis...

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...

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: T...

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 obligat...

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...

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 th...

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,...

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 e...

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 t...

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...

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...

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...

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 An...

Podcast number 8 in the CMS ICE Disputes Building Voices podcast series is a discussion with Shona Frame, a partner in the CMS ICE Disputes team and Duncan Turner, a partner in the CMS Technology and Data team about technology and data in construction disputes. We consider the increasing amounts of data being generated by technologies on construction site, the implications for parties to a project...

Podcast number 7 in the CMS ICE Disputes Building Voices podcast series is a discussion with Simon Hale following his successful action in resisting an injunction in the Commercial Court to restrain a USD 32.2m bond call pending ICC Emergency Arbitration Proceedings. Topics of discussion include: A review of the parties’ positions including whether the question of whether it is appropriate to gran...

Podcast number 6 in the CMS ICE Disputes Building Voices podcast series is a discussion between Marcus Taverner QC and Rebecca Taverner about advocacy.   Marcus Taverner QC, a barrister at Keating Chambers, shares his views on what makes a good advocate, including: Good and bad advocacy;  Different approaches to advocacy; and Common characteristics of good advocates.

Podcast number 5 in the CMS ICE Disputes Building Voices podcast series focuses on the early identification and management of disputes and, specifically, the use of mediation as an alternative form of dispute resolution. Shona Frame, a Partner in the ICE Disputes team, and Jane Fender-Allison, a Senior Associate in the ICE Disputes team, discuss the importance of mediation and what it can offer to...