This episode takes a look at the Procurement Act 2023, which was brought into force in England, Wales and Northern Ireland on 24 February 2025.

Six months on, hosts Emma Hutchinson (Construction Disputes) and Emma Blundell (Public Procurement) explore how the new public procurement regime is bedding in, the early trends we are seeing across live projects, and the pitfalls our clients operating in and outside of the construction sector should be aware of to stay ahead of the curve.

Offering practical perspectives and expertise, this episode is essential listening for anyone involved in public procurement or delivering construction and infrastructure projects.

A new duty on employers to take reasonable steps to prevent sexual harassment in the workplace including harassment by third parties, came into force on 26 October 2024. While sexual harassment can happen in any workplace, there are factors specific to the construction sector (including onsite working and frequent interactions with contractors) which mean that there are multiple sexual harassment hotspots which can be difficult to manage in practice.

During this podcast CMS employment partner Catriona Aldridge speaks to Lucy Kendall from Laing O’Rourke about the measures Laing O’Rourke has brought into place in anticipation and in response to the new legislation.

The podcast covers:

• What is meant when we talk about sexual harassment?
• What has changed with the new duty to prevent coming into force?
• What can construction companies do to practically comply with the duty?
• An update from Laing O’Rourke – what is the construction industry’s perspective on the duty to prevent obligation, and what are the challenges to ensuring compliance?

In this episode, our experts look at a first-of-its-kind competition enforcement report produced by the CMS Competition team.

The report provides a rigorous analysis of competition enforcement in the UK, analysing all 164 of the Competition and Markets Authority’s investigations appeals to the Competition Appeal Tribunal since the early 2000s.

In this discussion, two authors of the report (Neil Baylis and Lucy Charatan of CMS’ Antitrust, Competition & Trade team), discuss building and construction highlights from the report.

The podcast covers:

• A summary of the contents of the report and how it is relevant to businesses operating in the building and construction sectors
• A discussion on how the CMA generally initiates investigations and a consideration on whether it has adopted any specific practices in the construction sector
• Types of infringing behaviour seen in the building and construction industry
• A consideration of whether the CMA has become more active in taking proceedings against directors in a personal capacity
• Lessons learnt from the report and trends to look out for in the future for the sector, including relating to ESG and labour markets

Explore CMS' UK competition enforcement report

In this episode, our experts take a look at execution formalities for deeds concerning construction documents and the possible challenges that might arise from something that seems like a mere formality but which parties often get wrong, leading to serious consequences down the line.

We also discuss the execution issues from both a drafting and disputes perspective, and cover:

• What execution formalities are and what the legal requirements are for executing a deed
• The different methods of executing a contract or deed by a company in England and Wales
• How electronic execution works (and some of the issues that can arise)
• What happens when contracts are not properly executed

Catch up on previous episodes: Building Voices | ICE Disputes | Podcast Series | CMS United Kingdom

Our experts take a look at the recent Court of Appeal decision, which revisits Providence Building Services Limited v Hexagon Housing Association Limited, and the meaning of the JCT termination provisions for repeated breach.

They also discuss:

• what the TCC originally decided
• how the Court of Appeal decision differs
• the impact this decision will have when drafting new construction contracts
• how the decision impacts on live projects, and
• what consequences are likely to arise in terms of construction disputes

Explore this topic further in our LawNow article

In this episode, Anne Thompson speaks to Adrian Bell and Rafal Morek about some of the key points coming out of the CMS International Construction Study 2024. The study, conducted in partnership with YouGov, surveyed 125 senior in-house counsel in the international construction, infrastructure and engineering industries, asking them about the biggest challenges of managing disputes and how those challenges can be met.

The podcast discusses:

• Trends in construction disputes based on the feedback in the survey;
• Issues that in-house counsel are seeing in relation to risk management;
• Why disputes continue to be dealt with at the end of a project;
• What the latest issues for ESG are in the construction industry; and
• The likely impact of AI going forward.

A link to the CMS International Construction Study 2024 can be found here.

In this episode, Conor Rodgers invites David Turner to discuss his recent experience advising the construction industry on nuclear projects in the UK. David reflects on his ongoing involvement with the Sizewell C and Hinkley Point C projects to discuss:

• What is driving the growth of the nuclear sector in the UK, including net zero targets and ambitions for energy security.
• The role of Great British Nuclear in identifying opportunities for new nuclear projects.
• Challenges to the construction industry in managing nuclear projects, and how those can be addressed.
• What’s next for the sector, including the new technologies on the horizon.

In this episode, Anne Thompson and Tim Atwood look at the recent TCC decision of Providence Building Services Limited v Hexagon Housing Association Limited [2023] EWHC 2965 and the meaning of the JCT termination provisions for repeated breach. They also look at the practical steps parties can take to protect themselves.

The episode focuses on:

• The key JCT clauses on repeated breaches
• The key facts from this case
• What the court considered
• What the impact is for employers and contractors alike and what steps they can take
• The possibility that it is all going to change again in the Court of Appeal

You can also find out more by reading Tim's article on termination for repeated breach and late payment under the JCT.