Share on LinkedInShare on LinkedIn

ARTICLE · 04 APRIL 2011

How Can Sustainability Be Embraced In Construction Contracts?

Fenwick Elliott LLP
Fenwick Elliott LLP
Contributor
Fenwick Elliott LLP

Fenwick Elliott LLP

Fenwick Elliott provides a comprehensive range of legal services on every aspect of the...

View firm profile
Explore more from Fenwick Elliott LLP

Every project needs a clear set of contractual requirements and obligations so that all the participants know where they stand.

United KingdomReal Estate and Construction
  1. Every project needs a clear set of contractual requirements and obligations so that all the participants know where they stand. A good contract should set out:

    • what each party must do;
    • what each party receives;
    • the time for performance;
    • (sometimes) consequences of failure/breach; and fundamentally
    • address where risk is to fall.

  2. Obligations relating to sustainability should, in my view, be treated no differently to other provisions in a contract dealing with Employer's requirements. The scope of the obligation should be clear, and, more importantly, so should the sanction.
  3. Construction projects and contracts are of course already subject to certain sustainability provisions as a matter of general law. The Government has introduced a number of legislative provisions, (some of which are mandatory some of which are voluntary) which fall within the sustainability umbrella. I am thinking in terms of the CRC Energy Efficiency Scheme which is

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from