Recent Articles

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  24/04/2024

  United Kingdom

  Challenging conclusivity and “playing for time” under the JCT final account process

  A recent TCC decision has considered the final account conclusivity provisions of the JCT form and the circumstances in which an adjudication commenced to preserve a challenge to the final account can be re-commenced without triggering conclusivity and losing the right to challenge the final account. In this case, the adjudication was re-commenced four months after it had initially lapsed, but was found not to have triggered conclusivity. The court’s judgment raises the prospect of parties “playing for time” by commencing adjudications and allowing them to lapse, however drafting...

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  24/04/2024

  Bulgaria

  Bulgaria considers introducing Contracts for Difference

  Currently, Bulgaria is among a small number of EU member states that lacks the concept of contracts for difference (CfD). So far, the country had a feed in tariff as a mechanism to subsidise renewable energy producers who meet legislative requirements. Given that feed in tariffs are an outdated tool, contracts for guarantees were introduced.  Having in mind, the current realities of the renewable energy market, including anticipated offshore renewable energy projects, Bulgarian lawmakers came to the conclusion that the country needs CfDs to:Secure the viability of a project;Monitor the...

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  23/04/2024

  Bulgaria

  Bulgaria passes Ordinance offering international trade with guarantees of origin

  Following the development of the EU legislation and reflecting market needs and increasing interest in trading with guarantees of origin, the Bulgaria’s Ministry of Energy adopted new Ordinance No. Е-РД-04-2 of 2 April 2024 on guarantees of origin of energy from renewable sources. The new Ordinance was promulgated in State Gazette No. 32 on 9 April 2024.This new Ordinance repeals Ordinance No. РД-16-1117 of 14.10.2011, which until now regulated the conditions and procedure for creating, maintaining, and using a system for issuing guarantees of origin.By definition,...

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  23/04/2024

  Slovakia

  Slovakia to extend higher collective agreements

  Higher Collective AgreementsThe extension of industry and sector level collective agreements to all employers in the same industry or sector is the common way for regulating collective employment conditions. This is used regularly in many European countries, although specifics differ within the EU.As opposed to a company collective agreement (applicable to a single employer and its employees), a higher collective agreement (HCA) covers the employment conditions of more employers and employees in the same industry or sector (e.g. construction, automotive, financing, transport). The purpose of the...

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  23/04/2024

  Germany

  Artificial Intelligence and Occupational Health and Safety – Opportunities and Risks

  This article looks at both the opportunities and risks presented by using artificial intelligence with regard to occupational health and safety.AI has become an integral part of the modern working world and is affecting many areas, from automation in manufacturing to data analysis in marketing. It increases efficiency, improves decision-making and makes it possible to solve problems in new ways. Integrating AI into occupational health and safety has the potential to make workplaces safer and prevent accidents. However, the integration of AI also poses challenges, including physical risks and psychosocial...

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  22/04/2024

  United Kingdom

  When does the right to request a collateral warranty become time-barred?

  A recent decision of the Court of Session appears to be the first case in England or Scotland to consider when a right to request the delivery of a collateral warranty becomes time-barred. The Court found that the relevant prescription period started with the execution of the underlying contract, rather than the date on which the warranty was requested. This meant the right to receive a warranty became barred prior to the point at which rights under the warranty, had it been granted, would have prescribed. The gap between these two dates may be many years for large projects and may affect the package...

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