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IKONIC (slide 3)

Thu29102026

Legal

Implied terms in contracts – isn’t it obvious?

Everyone likes the word “reasonable”, especially lawyers. It is an objective term that has been analysed and tested over the years. The popularity of the concept also means that it is perceived as an acceptable compromise position to allow contracts to be signed (and argued about later). A similar line of analysis applied to understand when terms will be implied into contracts has now been clarified and overturned.

Read more: Implied terms in contracts – isn’t it obvious?

Adjudication may not help those who fail to follow statutory payment regime

The case of ISG Construction Ltd v Seevic College[1]  (the 'Seevic case') has provided helpful guidance on the court’s approach to disputes involving payment notices under the statutory payment regime introduced by the Construction Act[2]  and Part I of the Scheme[3] relating to payment. In particular the court made clear its reluctance to allow a party to use adjudication on a technicality to circumvent the payment provisions and reinforced the need to comply with the appropriate contractual or statutory payment and pay less notice provisions.

Read more: Adjudication may not help those who fail to follow statutory payment regime

Accidents in the workplace: where do the risks lie?

We’re all well aware that nowhere is completely safe – but that doesn’t mean you should have to put up with an unnecessarily dangerous working environment. Manchester based Tranter Cleere Solicitors have compiled figures from various sources, including the Health & Safety Executive (HSE), Office of National Statistics (ONS) and the industry publication The Law Society Gazette, to run through just what the risks are at workplaces across the UK.

Read more: Accidents in the workplace: where do the risks lie?

What happens when sub-contractors claim self-employed status is a sham?

Imagine the situation – J, a ‘self-employed’ electrician, has worked for ABC Services Ltd for five years consecutively, other than for the odd week or two when on holiday or ill. In that time J has worked on a number of sites for ABC and has always completed the work himself. 

When he has been unable to work, ie on holiday or ill, then ABC have typically not engaged anyone else but used their in-house electricians to do the work. When the work is available J has always done the work himself. Although J is registered through the CIS Scheme as a self-employed operative, they do not always provide records such as invoices or timesheets. 

Read more: What happens when sub-contractors claim self-employed status is a sham?

Consumers best protected by written contracts, says FMB

Written contracts for building work is the best option for consumers wanting to protect themselves from unscrupulous tradesmen, says the Federation of Master Builders (FMB) in response to the publication of the Draft Consumer Rights Bill.  

Brian Berry, the Chief Executive of the FMB, said: "The Government is right to want to increase protection for consumers against rogue traders and to ensure they are better informed about their rights. However, the idea that consumers will be willing and able to record verbal agreements on their iPhones is misplaced. The best way for consumers wanting to protect themselves when commissioning home improvement or repair work is to insist on a written contract. This simple requirement will weed out the cowboys from the professional builders.”

Read more: Consumers best protected by written contracts, says FMB

Hard hats the subject of updated regulation

Picture of a H and S poster showing hard hat for Your Expert WitnessMeasures relating to the use of head protection on construction sites are among a raft of changes to health and safety legislation which came into force on 6 April, subject to Parliamentary Approval. The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013 repeal one Act and revoke 12 instruments, plus a related provision in the Factories Act 1961. The measures are being removed because they have either been overtaken by more up-to-date regulations, are redundant or do not deliver the intended benefits.

Read more: Hard hats the subject of updated regulation

Unite steps up protests at Capenhurst

Construction workers will step-up their demonstrations at the Capenhurst construction project near Chester over attacks on terms and conditions by the site's owner Urenco and its contractor Jacobs.

Hundreds of demonstrators are expected at the site from 6.00am tomorrow (27 February 2013). Unions are once again being forced to take action in the defence of a long standing agreement, the national agreement for the engineering construction industry (NAECI). Unite is accusing the employers of undermining the NAECI which has been in existence for more than 30 years and sets terms and conditions for construction workers.

Read more: Unite steps up protests at Capenhurst

Construction industry tax defaulters named and shamed

Names of companies have been published for the first time today after HMRC was given the power to publish the names to deter UK taxpayers from deliberately defaulting on their tax obligations.

Rochester-based Gatemain Contractors Ltd, property maintenance trader Mr David Alan Jay of Essex and pipework specialist Mr S Stewart of Liverpool are all included on the list of tax defaulters.

Read more: Construction industry tax defaulters named and shamed

NHBC freezes fees as disputes fall by 5,000 in four years

The UK’s main warranty provider and standard setting body for new homes has also axed its resolution charge of £350 for each visit following a significant drop in requests to resolve disputes between builders and homeowners.

It will stop charging for resolutions backdated to 1 January 2013 and will offer refunds for any charges made since then.

New figures produced by NHBC show the number of disputes investigated by the organisation has dropped by around 60 per cent from a peak of nearly 8,500 in 2008 to under 3,500 in 2012.

Read more: NHBC freezes fees as disputes fall by 5,000 in four years

HSE aims for ‘more sensible’ pre-qualification in shake-up

HSE construction chief Philip White has told that he hoped to present the package - which will make substantial changes to Construction Design and Management regulations - to the board by spring.

CDM regulations place legal duties on virtually all construction workers and aim to ensure staff are equipped to properly manage risks in the workplace.

Read more: HSE aims for ‘more sensible’ pre-qualification in shake-up

Skanska accepts blacklist inquiry request

The firm received the invitation on Thursday and has said it will give evidence, but has yet to decide who will appear in front of the committee, Mr Putnam said.

Several high profile contractors have come under the spotlight for their involvement with The Consulting Association, which was shut down in 2009 after a raid by the Information Commissioner’s Office.

Read more: Skanska accepts blacklist inquiry request