Construction & Engineering
"The decision was bound to be one involving broad justice at high speed. Against that background, the adjudicator’s determination was an exemplary piece of work."
In Curley v Summerhill Construction Company Ltd, the High Court awarded a sub-contractor over €150,000 for injuries and loss following a fall through covering in a counter or worktop. Our briefing is available here.
The “pay now, argue later” approach that parties can expect in adjudication is underlined in the Scottish case of Atalian Servest AMK Ltd v BW (Electrical Contractors) Ltd  CSIH 18, where an appeal court enforced an adjudicator’s decision.
A feature of the case was that the “volume of written materials was enormous”. The parties could have agreed to convert the adjudication to an arbitration but, by invoking adjudication, the referring party was entitled to a speedy process. The decision was bound to be one involving broad justice at high speed. Against that background, the adjudicator’s determination was an exemplary piece of work. While his figures could prove to be in error when the substantive dispute is determined, his efforts were not a frolic of his own but a reasoned attempt to value the work. There was no unfairness: he had given parties notice of his thinking and invited comment. Having cut to the chase, he used a broad axe with a blunt edge to reach a robust and summary conclusion.
SEO - CONSTRUCTION
The Minister for Employment Affairs and Retail Business has accepted the Labour Court recommendation for new minimum pay and pension contribution rates for workers in the construction sector. Further information is available in the employment section.
"Having cut to the chase, he used a broad axe with a blunt edge to reach a robust and summary conclusion."
Fit for 55/REPowerEU
Final versions have been agreed of instruments underpinning the EU Emissions Trading System and Carbon Border Adjustment Mechanism, as we describe here. A new, separate emissions trading system will apply from 2027 to distributors supplying fossil fuel to certain sectors, including buildings.
The European Commission opened a call for evidence on initiatives to accelerate the roll-out of heat pumps including in relation to accessible financing. Feedback is invited here until 26 May 2023.
Heat and Built Environment
The Government established a Heat and Built Environment Taskforce to accelerate and drive delivery of retrofitting, renewable heat, district heat and decarbonisation of the building stock. Further information is available here.
FIDIC is collaborating with the World Business Council for Sustainable Development to accelerate transition to sustainable infrastructure and has also published an emissions dashboard to show the carbon footprint of its activities.
The EU is to assist pilot projects whereby renewable or citizen energy communities wish to renovate buildings or install new technical or renewable energy systems. A call for applications is open until 31 May 2023.