Episode #28 - Building success: what the Procurement Act 2023 means for you

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, the discussion examines what happens when a high‑risk building falls outside transitional regulations, the pressures of submitting a gateway two application under acute time constraints, and the critical importance of getting the submission right first time. Broader themes include the resourcing and communication challenges facing the Building Safety Regulator, the allocation of risk between developers, contractors and funding partners arising from approval delays, the industry‑wide need for earlier design coordination, and the relationship between a well‑functioning gateway process and the government’s target of delivering 1.5 million new homes. The episode also touches on recent signs of improvement at the BSR and what these developments may mean for future gateway applications.

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:

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