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The Draft Construction Contracts Bill: what does it mean for the private finance initiative industry?

In July this year, the Department for Business Enterprise & Regulatory Reform put forward the Draft Construction Contracts Bill (the 2008 Bill). A number of important changes have been proposed by the 2008 Bill,  but, most importantly for p...




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To disclose or not to disclose? New Freedom of Information guidance for procurement information

Procuring authorities and private sector contractors have for some years struggled with the application of the Freedom of Information Act to PFI/PPP procurement processes, and to the legal documentation that results from them. Procuring authorities...




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An important new measure for PFI projects

£2bn Government boost to PFI The latest budget has included an important measure for PFI projects. The Government will spend up to £2bn this year to rescue PFI projects which are struggling to reach financial close. The Treasury Infras...




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PPP: a win-win situation for the public and private sectors

Public-Private Partnerships have become an effective way for Government to raise finances for large infrastructural projects, especially considering the current situation of most public coffers. Business Agenda speaks to Tomasz Korczynski about how ...




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Legislation update: the Enterprise Act 2016 and the Concession Contracts Regulations 2016

Enterprise Bill 2016 On 4 May 2016, the Enterprise Act 2016 (“the Act”) received Royal Assent. The Act will be commenced in stages and has been enacted to help promote the growth of enterprise and small businesses within the UK. One of the main prov...




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Project Financing in Qatar: A case of evolution

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Coronavirus – COVID 19-Guideline for Employers – Germany

What should employers consider? The existing risk of infection and disease must be explained to the employees and they must be informed of precautionary measures and indicated conduct (disinfection, washing hands). The (always up-to-date) informati...




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Coronavirus - Employment law update - Romania

Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some of the...




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Coronavirus - Employment law update - Ireland

Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the CoVID-19 outbreak. In this briefing we address some of the more common quest...




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Coronavirus - FAQ short-time work - Germany

What is short-time work? One is speaking about short-time work when working hours and correspondingly also remuneration are temporarily reduced due to a considerable loss of work. Short-time work is introduced in an establishment if full capacity u...




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Coronavirus – Does the Mine Health and Safety Inspectorate and the Department of Employment and Labour have the power to issue Compliance Instructions, Force Majeure, and Covid-19 as an Occupational Disease?

On 17 March 2020, we sent out an e-Brief: Occupational Health and Safety: COVID-19 (click here to access this e-brief) where we discussed the responsibilities which are placed on employers in terms...




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Coronavirus - Employment law update - Lithuania

Overview Our previous briefing on this topic (Coronavirus: Implications for Employers) set out the main issues facing employers when dealing with the COVID-...




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Coronavirus - New Guidance: Government update on the Coronavirus Job Retention Scheme - UK

On Friday 20 March 2020, the Chancellor announced a new “Coronavirus Job Retention Scheme” (the Scheme) to help pay people’s wages. Updated Guidance on the Scheme was issued on 4 April 2020 (the Updated Guidance). This Alert seeks ...




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Defence Order No. 6 stipulating labour rights in Jordan

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Coronavirus - Further guidance on Coronavirus Job Retention Scheme - UK

In previous Alerts (here and Full Article



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Coronavirus - Court decides important case on furloughing employees in administration - UK

The High Court has provided some clarity on applying the government’s Coronavirus Job Retention Scheme to insolvent businesses. In particular, how the Scheme permits administrators to pay furloughed employees within the constraints of current ...




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Coronavirus - Employment law update - the Netherlands

On 27 February 2020, the first patient was diagnosed with the coronavirus (CoVID-19) in the Netherlands. According to the 2 April 2020 update, 14.697 people in total have been diagnosed to be infected with CoVID-19 in the Netherlands (after testing)...




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Affordable housing construction briefing: Local Democracy, Economic Development and Construction Act

No hurry to change your construction documents The most significant piece of legislation for the UK construction industry, Part II of the Housing Grants, Construction and Regeneration Act...




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Affordable housing - liability for anti-social behaviour

Octavia Hill Housing Trust v Brumby [2010] EWHC 1793 (QB) A landmark case could open the floodgates for Registered Providers. Terri Brumby has won the right in the High Court to proceed with a claim against Registered Provider Octavia Hill Housing ...




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Increase in rent threshold for assured tenancies and assured shorthold tenancies

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Eversheds' developers, construction and infrastructure newsletter: a response to the Comprehensive Spending Review

The spending review The Coalition Government has released the eagerly anticipated Comprehensive Spending Review which sets out its spending plans for reducing the £155 billion annual deficit. As the government had already announced its inten...




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Eversheds' developers and construction newsletter

Eversheds' developers and construction newsletter  Welcome to the newsletter from Eversheds' developers and construction group. These regular updates will aim to address key, topical issues affecting the sector, offering in-depth thought and an...




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Eversheds' developers and construction newsletter

Welcome to the e-newsletter from Eversheds' developers and construction group. These regular updates will aim to address key, topical issues affecting the sector, offering in-depth thought and analysis and will be tailored to r...




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The Budget and Implications for Development and Regeneration

The Chancellor announced yesterday his second budget aimed at achieving strong, sustainable and balanced growth, more evenly shared across the country and between industries. A number of measures are introduced that will significantly impact on dev...




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Eversheds' developers and construction newsletter

Welcome to the e-newsletter from Eversheds' developers and construction group. These regular updates will aim to address key, topical issues affecting the sector, offering in-depth thought and analysis and will be tailored to ref...




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Eversheds' developers and construction newsletter

Welcome to the e-newsletter from Eversheds' developers and construction group. These regular updates will aim to address key, topical issues affecting the sector, offering in-depth thought and analysis and will be tailored to ref...




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Land agreements and competition law from April 2011

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Eversheds' developers and construction newsletter

Welcome to the e-newsletter from Eversheds' developers and construction group. These regular updates will ...




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Transfer of private drains and sewers to the water and sewerage companies

Regulations to effect the transfer of virtually all private sewers and lateral drains to the water and sewerage companies have now been made, and will take effect on 1 July 2011. For the majority of installations, the transfer is planned to take eff...




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Eversheds' developers and construction e-briefing: Special report on changes to construction contracts

Special report on changes to construction contracts to come into force on 1 October 2011 The statutory framework that governs all construction contracts is changing on 1 October 2011.Part II of the Housing Grants, Construction and Regeneration Act 1...




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Eversheds' developers and construction newsletter

Bribery Act in force The Bribery Act 2010 came in to force last Friday, 1 July 2011. Much has been written about its likely implications. At the start of the debate, it would even be fair to say there was a degree of scare-mongering by some in ter...




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Practical Considerations For Land Owners And Developers Arising From The Flood And Water Management Act 2010

The New Act The Flood and Water Management Act 2010 received Royal Assent on 8 April 2010. The Act takes forward several Government strategy documents and, importantly, reflects the Government’s response to Sir Michael Pitt’s Revie...




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European Commission publishes final report on Sustainable Competitiveness of the Construction Sector and issues public consultation

The European Commission has recently commenced a consultation exercise regarding future sustainability and competitiveness within the EU construction sector. This consultation was initiated following the publication of the Commission report on the S...




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Break Clauses and Vacant Possession

Tenants operating break clauses need to be absolutely punctilious about observing the requirements of the clause; this is not an area of the law where they can expect much help from the courts. The Court of Appeal’s decision in NYK Logistics (...




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Eversheds' developers and construction e-briefing: Implications of recent disturbances on the Construction Sector

Welcome to some important ‘news’ for the Developer & Construction sector. I predict a riot: What you need to consider if your building site is impacted by the recent disturbances The current riots/disturbances in cities across Engl...




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I predict a riot: What you need to consider if your building site is impacted by the recent disturbances

The current riots/disturbances in cities across England raise a number of issues in relation to construction sites. These will include fundamental health and safety issues but it also raises important considerations in relation to any damage or...




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Tenants now have the freedom to choose energy suppliers

Following a recent change in the law relating to the supply of electricity and gas, landlords of multi-occupancy premises must now allow their tenants to connect to energy suppliers of the tenants' choice.  The landlord can only refuse if it is...




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The Green Deal and Minimum Energy Standards

The Energy Act 2011 contains provisions that will establish the Green Deal, an innovative funding system for energy efficiency improvements to residential and commercial properties.  The Green Deal is expected to be introduced in Autumn 2012, o...




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Changes to the rules for Energy Performance Certificates in April 2012

The rules as to when Energy Performance Certificates (“EPCs”) need to be obtained will change on 6 April 2012. In relation to both sales and lettings of property, whether commercial or residential, an EPC will need to be commissioned bef...




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Lawbite: When a business tenancy “ought not” to be renewed

Youssefi v Mussellwhite [2014] EWCA Civ 885 Horne & Meredith Properties Ltd v Cox [2014] All ER (D) 194 These two cases concern opposition to lease renewals on the grounds of the tenant’s breach of covenant (“grounds (a), (b) and (c)...




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Lawbite: Tenancy deposit scheme and pre-2007 tenancies

Charalambous and another v Ng and another [2014] EWCA Civ 1604 The courts continue to produce surprising decisions in relation to the tenancy deposit scheme introduced by the Housing Act 2004, applying it in certain respects to tenancies granted bef...




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Tackling the housing shortage - a change in emphasis?

At the Conservative party conference the Communities Secretary Sajid Javid, and the Chancellor, Philip Hammond, announced a fresh package of measures aimed at addressing the national shortage of new homes. The ambition is to deliver more than 25,000...




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Procurement Policy Note 11/15 - Acceptance of unstructured electronic invoices by central government authorities (“PPN 11/15”)

From 30 June 2015, Central Government Departments, their Executive Agencies and Non-Departmental Governing Bodies (“in-scope organisations”) will have to accept “unstructured” electronic invoices from their suppliers for invo...




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High Court challenge leads to the setting aside of a contract award decision on the grounds of manifest error, breach of transparency and equal treatment

In Woods Building Services v Milton Keynes Council [2015] EWHC 2011 (TCC), the High Court upheld a challenge by an unsuccessful bidder (“Woods”) of a tender process undertaken by Milton Keynes Council (the “Council”) on the g...




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Top tips for avoiding clawback of European funding in procurements

The European Commission has recently published its Public Procurement Guidance for Practitioners on the avoidance of the most common errors in projects funded by the European Structural and Investment Funds ("the Guide"). We have helped...




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The European Single Procurement Document

On 6 January 2016, the European Commission published an implementing regulation establishing a standard form for the European Single Procurement Document (“ESPD”). The ESPD is one of the new features of EU procurement regulation introduc...




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Publication of the Utilities Contracts Regulations 2016 (the “UCR 2016”), the Concession Contracts Regulations 2016 (the “CCR 2016”) and the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016

Following the public consultation on the draft UCR 2016 and CCR 2016, the new regulations have now been laid before Parliament and will come into force on 18 April 2016 (subject to a number of exceptions in the UCR 2016 which will come into force at...




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The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

Introduction This briefing considers issues relating to the extent to which the UK&rs...




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Publication of statutory guidance on supplier selection and a revised standard Selection Questionnaire

The Crown Commercial Service (“CCS”) has now published a revised standard Selection Questionnaire and guidance in the form of Procurement Policy Note (PPN) 8/16. This can be found here. PPN 8/16 supersedes and replaces PPN 3/15 which con...




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Brexit – State aid and public procurement law update

Introduction – Where are we now? In our original Full Article