Businesses and individuals alike are looking to the future this month as the July General Election saw a change of Government after 14 years – with pledged overhauls to a number of areas of the law, including employment and residential property.
This has left us all to wonder what the future of construction law might look like, and the factors which will dictate that answer.
Our Supervising Director of Construction Law, Adam Davis, gives his thoughts.
Sustainable working
The move towards sustainability in all sectors has been solidified by the Labour Party’s manifesto, pledging the Green Prosperity Plan and the plan for Great British Energy, funded with £8.3 billion.
This prioritising of sustainability is also made clear in reporting from within the construction sector, which reveals several areas for rapid improvement in sustainability, including:
- The production and transport of materials
- How developments are powered
- The disposal of waste material
As the new Government progresses, we’re likely to see construction law evolve to protect sustainable goals and ensure that the largest developers are correctly reporting emissions and waste, as well as taking steps to reduce it.
Embracing technology
It’s impossible to escape the AI revolution, in addition to the widespread adoption of automation and the cloud.
While some areas of construction are clearly the domain of brick and mortar, project planning is likely to move into the digital realm further than it already has.
This will likely mean that the law will add regulations as to how technology is used within the sector, particularly in terms of where responsibility and liability lies with safety concerns and cost in cases where AI has been used.
A move to ADR
Construction projects are a major source of commercial disputes due to the high levels of invested time and money involved, as well as enhanced safety concerns and a long supply chain.
As a result, alternative dispute resolution (ADR) methods such as mediation and arbitration, are likely to become more prevalent and enshrined in construction law and contracts, as is the case in family law, for example.
The Courts are under strain and it’s already apparent, including within the latest JCT 2024 family of contracts, that ADR is becoming the first choice for authorities and parties involved in the resolution of a dispute.
As a lower cost and less antagonistic method than litigation, ADR is already popular and will become more so as other concerns, such as sustainability, become a higher priority and point of investment.
For further advice and guidance on construction law, please contact our specialist team today.