Search

How can we help?

Icon

Construction: looking back at 2019

The past year has flown by, with new projects underway and many developments in technology leading to changes in the way construction companies do business. However, main contractor insolvency has remained at the forefront of industry news. We take a look back at a few highlights in this article.

Construction Technology and Collaboration:

The publication earlier this year of ISO 19650 has led to the gradual superseding of the previous PAS 1192 standard. It’s anticipated that more elements of the new standard and its sub-sections will arrive in the coming months, encouraging a gradual shift towards the use of technologies to improve the construction process. The JCT also issued their BIM practice note this year to encourage the incorporation and use of BIM on projects using the ubiquitous form.

We have also seen increasing awareness and substantial interest in offsite construction. The fact that a major city investment bank has bought £75m worth of a modular housing company suggests the level of interest is significant. It’s hoped that this might lead to newer and more collaborative ways of working.

Sadly, construction output has slowed throughout 2019. We hope this won’t have a negative impact on the adoption of technology and improved collaboration. Not only can the use of collaborative technologies help to improve project delivery, as we observed earlier this year in ‘How is technology affecting construction disputes’, they have the potential to reduce the time and cost in construction disputes.

Retentions and Insolvency:

Regular readers will know retentions and contractor insolvency are subjects we have looked at often. Another major contractor entered insolvency in the past week, with others still looking somewhat unstable.

A third of respondents surveyed by Construction News said late payment was affecting their mental health. We recently held a round table on the subject which concluded that the future is still uncertain. With parliament dissolved, the ‘Aldous’ private member’s bill will make no further progress. Any new legislation will require a new bill to be submitted for consideration.

On a positive note, the Welsh Assembly are looking to address the issue. It will be interesting to see what, if any effect this has on wider awareness and changes in law.

Environmental Change:

It seems David Attenborough, Extinction Rebellion, and high-profile figures such as Greta Thunberg have had an impact this year. Whatever your view, it seems climate change is now firmly on the agenda.

Talk to any architect or engineer and sustainability will appear in conversation within minutes. For the construction industry there is no doubt that the impact will be felt, from planning and design through to materials, waste and re-use. The UK has committed to ‘Net Zero’ by 2050. It seems inevitable there will be legal implications as a result. Indeed, the consultation on Part L of the Building Regulations looks set to spell the end for gas heating amongst other things.

However, main contractor insolvency has remained at the forefront of industry news.

Fire Safety:

The ongoing fall-out from building fires is likely to continue to cause concern for many in the construction and real estate sector. Indeed, the Fire Protection Association recently suggested the rules should be tightened further. They advocate application of the rules to buildings below 18 metres.

The regulations are of particular note for Architects and Surveyors’ insurance premiums. With the RIBA president calling for urgent action to bring clarity to building regulations, could we see a change in the law?

Conclusion

There appears to be much we can be optimistic about, and signs of great potential for change. There will undoubtedly be more legal cases which change the way we view things and more updates to come in 2020. Thank you for taking the time to read, and we look forward to keeping you updated in the year ahead.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.

art
  • 25 June 2025
  • Immigration

Immigration Changes in Statement HC 836 – what do they mean?

The UK government has released its latest Statement of Changes to the Immigration Rules (HC 836), with shocking implementation dates throughout July 2025.

art
  • 20 June 2025
  • Privacy and Data Protection

Data Protection reform receives Royal Assent: What is the Data (Use and Access) Act 2025 (DUAA) and what it means for your business

The UK’s data protection framework is about to undergo its most significant change since the UK GDPR came into force. After months of parliamentary debate, the Data (Use and Access) Act 2025 (‘DUAA’) has successfully received Royal Assent.

art
  • 18 June 2025
  • Employment

Pride Month: How Can You Celebrate as an Employer

The UK held its first Pride Parade in 1972, inspired by events held in major American cities following the Stonewall rebellion in New York in June 1969.

Pub
  • 16 June 2025
  • Privacy and Data Protection

WhatsApp in the workplace: Is it legally safe?

In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.