Environmental and Power Law

Businesses as well as individuals all are affected by environmental considerations. Companies cannot afford to ignore their responsibilities under the current environmental legislation. Risk free management is an area that is becoming increasingly important, especially to the construction industry as is the cost of disposing of construction waste. The construction industry is also very vulnerable to claims in respect of water pollution, land contamination and waste management - pressure to develop brown field sites means that it will become more and more difficult to avoid claims from local authorities and the Environment Agency.

Equally, energy is at a crossroads with the emotive issue of alternative power sources being considered. This will have a major effect on the construction industry and major construction projects.

Construction

Statistics from the Environment Agency show that the construction industry continues to be one of this country’s worst polluters. The construction industry also has to deal with complex regulations to dispose of construction site waste, including often highly contaminated waste, including asbestos. The sites that can now take this waste are few and far between leading to increased cost of disposal.

The Government is anxious to see landfill sites redeveloped, but in doing this the contaminated land regulations mean that the contractors and site owners/developers are at risk and could be held responsible to pay for the clean up costs of contamination that has escaped from that site. The Environment Agency has sweeping powers and is not afraid to prosecute offenders or claim re-imbursement for clean up costs.

Equally with the pressure to use alternative power sources, contractors are at the forefront of such developing technology. With our expertise we can assist such companies with the viewing of contracts to ensure their interests are protected.

Procurement

When tendering for projects contractors are inevitably required to ensure that the materials they use are from sustainable sources. Architects and engineers are increasingly being asked to develop buildings with innovative designs which produce low emissions, using new materials, all of which have the potential for professional negligence claims in the future.

With our expertise we can advise employers, engineers, architects and contractors at all stages of the project, including:

• feasibility and planning
• project management
• procurement development
• construction
• supply
• dispute avoidance and resolutions

We have the expertise to provide advice in the respect of claims brought by the Environment Agency against contractors and land owners as well as advising on professional negligence claims against construction professionals.

Sarah Shemmings has many years experience in environmental and professional negligence claims. She was responsible for the leading case dealing with the historic water pollution - Cambridge Water Company - v - Eastern Counties Plc which went to the House of Lords.

Should you require arbitral procedures drafted, assistance in bringing or defending a claim in arbitration or the services of an Arbitrator then please contact any of the following experts in the field of ADR and particularly arbitration:

For more information and initial advice please contact us on:

Sarah Shemmings or Richard Silver

Tel.:     0845 345 1244
Email:  office@shemmingsllp.co.uk

Robert Shawyer – Cardiff

Tel.:     02920 474 570
Email:  cardiff@shemmingsllp.co.uk

Don’t forget that you can also make initial contact through our free helpline 08455 1 92 92 1