DEFINING THE 'PROJECT'

What's in a Name?

Under the Safety, Health and Welfare at Work (Construction) Regulations 2013, a 'project' is an activity which includes or is intended to include construction work, and project supervisors are to be appointed in respect of a project. The definition of the project is integral to defining the scope and parameters of the project supervisor construction stage role. Maeve Crockett, Of Counsel, considers some of the key considerations that should be borne in mind in a briefing available here.

DOMESTIC LEGISLATION

  • S.I. No. 108/2024 - Building Regulations (Part B Amendment) Regulations 2024 amend the Building Regulations 1997. They update fire safety requirements for buildings other than dwelling houses (as well as adding definitions for building types and amending the list of building uses where a material change is deemed to take place). They apply to works or to a building in which a material change of use takes place, where the works commence or the change of use takes place on or after 1 May 2025 and where (other than in a case where the structure of the external walls of the building has been erected not later than 30 April 2028) certain conditions have been met on or before 30 April 2025. Associated fire safety guidance has also been updated.
  • S.I. No. 122/2024 - Safety, Health and Welfare at Work (Carcinogens, Mutagens and Reprotoxic Substances) Regulations 2024 have been made to give effect to Directive (EU) 2022/431 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. They apply where carcinogens, mutagens or reprotoxic substances are present or may be present at the workplace.

EU LEGISLATION

  • Energy Performance of Buildings Directive: The consolidated text of the Directive amending the EPBD is available. Once formally adopted by the Council, it will be published in the OJEU and enter into force 20 days later.
  • Green Claims Directive: Parliament adopted its position on the proposed Directive, which would impose obligations on companies in relation to marketing claims and penalties for breach of obligations. Development of the Directive will continue after the European elections in June 2024. Further information is available here.
  • Nature Restoration Regulation: The consolidated text of the draft Regulation is available, and the last step is formal Council adoption. However, it has been reported that the Council Presidency was unable to secure a majority vote. If passed, the Regulation would establish targets to restore certain habitat types to good condition. It would include provisions relevant to deployment of renewable energy infrastructure, as well as the built environment.
  • Critical Raw Materials Regulation: The Council adopted the Regulation to establish a framework to ensure a secure and sustainable supply of critical raw materials. Once signed by the Presidents of the Parliament and Council, it will be published in the OJEU and enter into force 20 days later. Further information is available here.

STANDARD FORM CONTRACTS

JCT

In the UK, JCT will release its 2024 Edition of Contracts on 17 April 2024. Further information is available here. Changes are concerned with modernising and streamlining language, reflecting legislative updates, and future proofing by incorporating collaborative working, sustainable development, and environmental considerations. There will also be a new family of contracts, the JCT Target Cost Contract.

Office of Government Procurement

In Ireland, the OGP published a FAQs for the Price Variation Workbooks (as well as a consolidated errata note for the workbooks) to assist with the operation of new price variation clauses in the Public Works Contracts. Further information is available here.

DISPUTES

Delays not Fatal to Claims

In Duncan and others v Butler and others [2024] IEHC 135, the applicants issued proceedings in 2008 alleging negligence, breach of duty and breach of contract in relation to the installation of windows and doors. The defendants applied to the High Court to strike out these proceedings on grounds of delay.

The Court refused to strike out the proceedings. It considered that the first limb of the relevant test was met (the defendant had established inordinate and inexcusable delay) but not the second (having regard to the prejudice suffered, the balance of justice favours the dismissal of the proceedings). It was relevant that the defendants, their suppliers and their engineer had inspected the windows and doors relatively soon after they were installed, and that their claims around difficulties in now locating evidence lacked detail.

SUSTAINABILITY

Energy Poverty Action Plan

The Government invites views until 8 May 2024 on revising the current Energy Poverty Action Plan. The current Plan includes Chapter 2 on energy efficiency and retrofit.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.