The Law of Net Zero and Nature Positive

Edited by Nigel Pleming KC, Richard Wilmot-Smith KC, Stephen Tromans KC, Karim Ghaly KC, Camilla Ter Haar and Stephanie David

Published by: London Publishing Partnership
ISBN: 978-1-916749-21-4
1,024 pages, £125.00
Publication date: 30 January 2025

Reviewed by Thayananthan Baskaran

The Law of Net Zero and Nature Positive consists of eight parts. Each part comprises chapters that deal with net zero and nature positive goals.

Chapter 1 explores broad concepts, such as climate change, net zero, the biodiversity crisis and nature positive, and these concepts then form the theme of the book. Chapter 2 then looks at the overall legal framework governing environmental concerns. Relevant international treaties are considered, for example, the Paris Agreement, which is aimed at reducing greenhouse gas (GHG) emissions to achieve long term temperature goals that are below an increase of 2°C and with an effort to limit it to 1.5°C.

Chapter 35, in particular, emphasises that the construction industry needs to adopt designs for buildings that are resilient to the impact of climate change. There should be development and use of methods and materials to reduce carbon emissions. There is an urgent need for this, as this chapter explains, because buildings account for about six per cent of global GHG emissions. This may be reduced by using low-carbon construction materials and retrofits.

Chapter 37 looks at the construction phase of buildings and steps that may be taken to reduce emissions. From the initiatives described in this chapter, one that is particularly interesting is the Cradle to Cradle initiative. This is a global standard for certifying product safety and environmental impact. Under the Cradle to Cradle initiative, assessments are made every two years against five criteria: (1) safety of materials used in production; (2) reusability and recyclability; (3) air quality and carbon reduction; (4) water and soil quality; and (5) social impact.

Chapter 41 goes on to discuss the obligations of construction professionals to advise on environmental issues. This chapter looks at the usual codes of conduct published by the Royal Institution of British Architects (RIBA) and the Institution of Civil Engineers (ICE). This chapter then explores the provisions of these codes that deal with environmental issues. For example, Guideline 7 of The Institution of Structural Engineers’ Code of Conduct states that ‘Members should be aware of the impact their professional duties have on the environment and take proactive measures to operate in a sustainable manner…’ Accordingly, professional designers should consider materials that are environmentally friendly and sustainable. However, there may be reluctance to try new materials and untested designs, due to the risks attached.

Chapter 41 suggests that, when considering the standard expected of a designer when dealing with the effects of climate change and mitigation techniques, reference may be made to the practice of other professionals and to the defence that, because it was commonplace, it cannot have been negligent. However, the authors emphasise that the courts are not simply focused on what conclusion a body of opinion reached. The courts will also examine the way in which that body of opinion reached its conclusion. If it cannot be demonstrated that this was reached as a result of a process by which the risks had been actively considered, it cannot be logical. Chapter 41 suggests that this approach is particularly relevant for professionals discharging their duties in relation to net zero and climate change. Professionals will not be exonerated from their duties simply by proving that others were just as negligent at the relevant time. There is a clear obligation to keep up to date and to understand the impact of the materials being used on a building.

Overall, the book provides comprehensive and excellent guidance on a new and developing area of practice, which will be invaluable to all construction lawyers.

Construction Law (Fourth Edition)

Julian Bailey

Published by: London Publishing Partnership
ISBN: 9781916749146
3386 pages, £160.00
Publication date: 29 August 2024

Reviewed by Phillip Greenham

I am often asked, ‘If I were to purchase one text on Construction Law, which would I recommend?’ Without hesitation, my answer is Julian Bailey’s book, Construction Law.

Now in its fourth edition, this three-volume encyclopaedic exploration of Construction Law continues the tradition Julian began over a decade ago. Its comprehensive nature is evident in the sheer scale of its references: the more than 400-page Table of Cases lists over 10,000 cases, with nearly 2,500 of those added since the third edition.

Some might worry that such a detailed text could be overwhelming or impenetrable. Not so. The book is thoughtfully structured and follows a logical, project-centric framework, making it easy to locate sections on any topic of interest. The coverage is extensive, including some often-overlooked aspects of construction law – for example, economic torts.

Prospective readers might also feel intimidated by the prospect of deep scholarly analysis. Again, there’s no need for concern. The writing is clear and succinct, presenting complex topics in an accessible, logical, and understandable way. This clarity of style does not come at the expense of rigorous analysis; the text also provides historical context and reflective perspectives that enrich its insights.

The text reflects the highly practical landscape in which construction law is practised. The discussions on procurement and contract administration are prime examples of this. While these chapters explore the relevant legal issues, they do so in a way that resonates with the practical realities of project delivery. It is particularly pleasing to see the coverage of contract administration, an activity often overlooked by lawyers yet prone to a disproportionate prevalence of disputes.

What sets this publication apart is not just the breadth of topics covered but also its detailed examination of four key common law jurisdictions: Australia, England, Hong Kong, and Singapore. This comparative approach offers a rich landscape for understanding the diverging and converging evolution of the common law. Practitioners will find it invaluable for integrating these evolving threads into their assessments of the current state of the law and its likely future trajectory.

My answer to the often-posed question remains unchanged: Julian Bailey’s Construction Law is unquestionably the definitive text on the subject.