Projects And Construction Law Update - October 13, 2015

Please see below Clyde & Co's latest projects and construction law update - a regular review aimed at providing up-to-date information for those in the construction and infrastructure industry.

We look at industry news as well as recent court decisions concerning:

enforcement of an adjudicator's decision arising out of an oral contract challenging an automatic suspension put in place following an alleged breach of procurement regulations Industry news

Low emission zone for construction machinery in London

On 1 September 2015, the Mayor of London introduced the world's first Low Emission Zone (LEZ) for non-road mobile machinery (NRMM) used in construction projects as part of efforts to reduce transport emissions. The Construction NRMM LEZ applies to construction projects in:

The Central Activity Zone or Canary Wharf Greater London that are building more than ten homes or larger than 1,000 square feet Construction managers will have to replace or retrofit construction NRMM with a net power of between 37 kilowatts (kW) and 560kW that are more than 10 years old and emitting nitrogen oxide or particulate matter (PM) over certain limits (subject to limited exemptions).

Amendments to energy performance regulations coming into force on 9 October 2015

On 15 September 2015, the Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 (SI 2015/1681) (Supplemental Regulations) were laid before Parliament. They come into force on 9 October 2015 and amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) (Principal Regulations).

The Supplemental Regulations insert new regulations 34A, 34B and 34C into the Principal Regulations:

Regulation 34A requires local authorities to arrange for the enforcement of energy performance obligations against them in relation to their own buildings by agreement with the local weights and measures authority of another area. These agreements must be in place three months after the Supplemental Regulations come into force, or as soon as is reasonably practicable after that. Regulation 34B requires that the enforcement authorities collect sufficient information concerning the buildings within their remit to enable them to plan effective enforcement action in accordance with guidance from the Secretary of State. Regulation 34C requires enforcement authorities to report to the Secretary of State annually on action taken to enforce the Principal Regulations. The reports must also provide information on the agreements made between enforcement authorities under regulation 34A. The reports must be made in accordance with guidance from the Secretary of State, and may be published by the authority or by the Secretary of State. Damages for late payment of insurance claims included in Enterprise Bill...