Foundations of ESG in Construction Law: Governance with ‘Teeth’ & Emerging Litigation Risks in the UK

Introduction

Environmental, Social, and Governance (ESG) considerations are reshaping the built environment, driven by intense societal pressures and ongoing industry debates on sustainability. Advisers in the construction industry are now expected to have a sophisticated understanding of these risks. Therefore, ESG awareness has become a regulatory and financial necessity, where governance failures can directly lead to disputes.

This live interactive session will examine why robust governance is not just a box-ticking exercise but the essential mechanism that dictates whether Environmental and Social objectives are successfully adopted or fail, leading to disputes. You will leave the session with a clear understanding of the most current debates shaping ESG and construction law in the UK.

What You Will Learn

This live and interactive course will cover the following:

• The basis of ESG in the built environment: Understanding the core concepts and the shift from ‘aspirational’ goals to ‘regulatory necessity’ driven by the market
• The Regulatory Landscape: Navigating the impact of key statutes on UK construction projects and duty holder responsibilities
• Governance with ‘Teeth’: Utilising the Bribery Act 2010 and Modern Slavery Act 2015 as foundational tools to enforce supply chain accountability and avoid criminal sanction
• Contractual Integration: How to incorporate ESG obligations by briefly discussing well-adapted standard contractual suites such as NEC, FIDIC, and JCT
• The Litigation Angle: Identifying emerging dispute horizons, including ‘greenwashing’ claims, misrepresentation, and liability for breach of sustainability warranties
• A brief analysis of key cases
• ClientEarth v Shell plc [2023] - directors decisions on climate strategy
• R v Sweett Group plc [2016] - how governance failures in the supply chain lead to corporate criminal liability and substantial fines
• MT Højgaard A/S v E.ON Climate & Renewables [2017] - strict fitness for purpose warranties

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.