Construction and The Climate (39 Essex Chambers)

In this episode, Ruth Keating and Camilla ter Haar are joined by Will Wild, the Built Environment Lead at the Climate Champions Team. Will talked through the profile and presence of the built environment at COP28, the sector’s response to the global stocktake, the launch of the Buildings Breakthrough and recommendations for how the industry can move forward with positive action.

In this episode Camilla ter Haar and Ruth Keating discuss greenwashing claims with Miles Lockwood.

Miles is director of complaints and investigations at the Advertising Standards Authority (ASA). Miles joined the ASA in 2010 and is responsible for leading the complaints and investigations teams, dealing with over 30,000 complaints per year.

This episode covers the ASA’s guidance on misleading environmental claims and what businesses should consider when making environmental claims, in particular when making claims in relation to carbon neutrality and net zero.

In this episode Camilla ter Haar and Ruth Keating are joined by Will Wild. Will is the Built Environment Lead at the Climate Champions Team. He supports the UN Climate Change High-Level Champions in accelerating the action and ambition of business and industry towards a decarbonised and resilient built environment.

Camilla, Ruth and Will discuss the Buildings & Climate Global Forum, the Ministerial Declaration (Declaration de Chaillot) made at the Forum, as well as the findings of the Global Status Report for Buildings and Construction.

In this episode, Camilla ter Haar and Ruth Keating discuss trends in construction arbitration with Alexandre Vagenheim, Vice-President of Global Legal Data, Jus Mundi. Alexandre, Ruth and Camilla discuss trends relating to construction, environmental issues, and how environmental issues arise in construction arbitration.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Building for the Future – Climate Change and the Built Environment’ with Stephen Hodder MBE.

Stephen is a former RIBA President and established the CIC Climate Change Committee. He is also the Chairman of Hodder + Partners. The practice that he founded (Hodder Associates) received the most important award in British Architecture for a single building, the inaugural Stirling Prize for Architecture for the Centenary Building, University of Salford.

Given 80% of buildings for 2050 exist today, there is not only an enormous challenge to upgrade current building stock, but also the need to consider in the first instance the re-purposing of existing fabric rather than demolish. This episode focuses on the importance of design and construction to achieving net zero.

In this episode, Camilla and Ruth are joined by Andrew Kidd, Director of Environmental Sustainability for the Lower Thames Crossing at National Highways. Andrew shares insights into his role leading National Highways’ decarbonisation strategy for the Lower Thames Crossing. Together, they explore innovative approaches to designing low-carbon infrastructure and its impact on sustainability in large-scale projects.

In this episode, Camilla ter Haar and Ruth Keating from 39 Essex Chambers are joined by Martha Tsigkari of Foster + Partners. Martha is a Senior Partner and Head of the Applied Research + Development group at Foster + Partners. She has a background in architecture, engineering and computer science. She is a specialist in a wide range of areas including computational design, performance-driven design, optimisation, machine learning, interfaces & interaction, design-to-production, robotics, and fast feedback & integration.

Camilla, Ruth and Martha discuss the role of AI in the future of greener construction.

In this podcast episode, Camilla ter Haar and Ruth Keating discuss Environmental Product Declarations (EPDs) with Dr Jane Anderson of the Alliance for Sustainable Building Products.

Jane, Ruth and Camilla discuss the development, process and challenges associated with EPDs – along with their increasing prevalence in the industry.

In this episode of Construction and the Climate, Ruth and Camilla discuss retrofitting – what is it, why does it matter and what legal challenges will retrofitting pose?

In this episode, Ruth Keating and Camilla ter Haar are joined by Dan Miles. Dan is an experienced chartered quantity surveyor and expert witness working on high-value, complex disputes and has given evidence on multiple occasions in various international arbitrations. This episode discusses quantifying loss in complex construction and climate change disputes.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Building for the Future’ with Joana Setzer Assistant Professorial Research Fellow at the Grantham Research Institute on Climate Change and the Environment, at the London School of Economics and Political Science (LSE). This episode focusses on the trends in climate litigation and in particular what these trends mean for our construction sector clients.

In this podcast episode, Camilla ter Haar and Ruth Keating discuss force majeure clauses – in particular how our understanding of force majeure may have to adapt over time in light of climate change.

In this podcast episode Camilla and Ruth are joined by David Metcalfe, a Director of the Centre for Window and Cladding Technology (CWCT). Camilla, Ruth and David discuss embodied carbon in relation to facades, the technical challenges, the facades in relation to the building safety regime, and success stories.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Contracting for the Climate: Global Trends’ with Tiffanie Chan.

Tiffanie is a Policy Analyst for the LSE’s Grantham Research Institute’s Climate Change Laws of the World project. She is currently working on several projects exploring legal pathways to net zero, impacts of climate laws, and corruption risks in climate action. Prior to her role at the Grantham Research Institute, Tiffanie worked in London and Hong Kong as a corporate lawyer in an international law firm.

The LSE Grantham Research Institute has published its 2023 Global Trends report. This podcast episode discusses those trends in the 2023 report and what they mean for the construction sector.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Contracting for the Climate: Focus on Contractual Updates’ with Jeremy Glover.

Jeremy is a Partner at Fenwick Elliott LLP, specialising in construction energy and engineering law at home and abroad. He is a member of both the Advisory Panel of the Built Environment Committee for The Chancery Lane Project and the FIDIC Net Zero Task Group, TG23, as well as being the President-Elect of the Dispute Resolution Board Foundation.

This podcast episode explores the intersection between climate change and clauses in contracts, such as the JCT, NEC and FIDIC.

A building block in most construction projects, concrete is responsible for about 8 percent of global carbon emissions. Several companies are working to create a greener mix. One of those companies is CarbonCure Technologies a company based in Halifax, Nova Scotia. For this episode, Ruth Keating and Camilla ter Haar are joined by Chad Mahoney of CarbonCure Technologies to discuss more sustainable concrete production.

In this episode, Ruth Keating and Camilla ter Haar are joined by Tim Cousin of Roofscapes. Roofscapes is a startup from the MIT School of Architecture and Planning, with a mission of transforming untapped rooftops into green roofs as a way to mitigate the effects of climate change and to provide new outdoor spaces in cities.

This episode discusses how to turn the skyline into a garden.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Building for the Future – Climate Change and Arbitration’ with Jessica Crow. Jessica is an independent arbitrator (Arbitra International) who specialises in Energy and Natural Resources, Climate Change and the Environment, General Commercial Disputes and Public International Law, based out of London and Washington DC. She has particular expertise in matters relating to the energy transition and the international climate change regime. This episode focusses on the trends in climate change and arbitration – with a particular focus on what these trends mean for our construction sector clients.

Jess Hrivnak is a Practice Technical Adviser (Sustainability) for the Royal Institute of British Architects (RIBA). Jess has been involved in developing the UK Net Zero Carbon Buildings Standard since its inception, representing the RIBA on the Standard as a member of the Technical Steering Group, and co-leading one of the Tasks groups. In this podcast episode, Camilla, Ruth and Jess discuss the UK Net Zero Carbon Buildings Standard.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Constructing for the Climate – The Road to Net Zero’ with Victoria Burrows.

Victoria is Director of Advancing Net Zero, World Green Building Council’s pioneering, global programme to accelerate total decarbonisation of the built environment. Victoria has a background in the sustainable development industry, ranging from client side advisory services, green building rating tool consultancy, and an on-site Head of Sustainability for a major international contractor. She has also co-authored the book ‘A Whole System Approach to High-Performance Green Buildings’.

This episode discusses the tools, programmes and ideas that are paving the way to net zero.

In this episode of Construction and the Climate, Ruth and Camilla look back on the ten episodes in the series so far and draw out five key highlights for listeners.

In this episode, Ruth Keating and Camilla ter Haar are joined by Audrey Nugent, Director of Global Advocacy at the World Green Building Council. Ruth, Camilla and Audrey discuss what to expect at COP28 in relation to the built environment; the Building to COP Coalition, the Global Stocktake, the Buildings Breakthrough and the Circular Built Environment Playbook.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Contracting for the Climate – Sustainability and Responsibility’ with Tiong Teck Wee.

Tiong Teck Wee is the Co-Head of the Sustainability & Responsible Business Practice and a Partner in the Commercial & Corporate Disputes Practice at The Wong Partnership in Singapore. His main areas of practice are in multijurisdictional, complex, high-value commercial and corporate disputes. Teck Wee has represented and acted for global private, public, and state-owned clients from various jurisdictions (such as Singapore, Malaysia, India, Japan, PRC and U.S.).

This episode discusses environmental-related issues in Singapore and more generally in Asia.

In this episode, Camilla ter Haar and Ruth Keating are joined by Simon Sturgis. Simon Sturgis is widely recognised as an expert, an innovator and a lateral thinker in delivering a low carbon, resource efficient, built environment. He has led UK thinking and produced industry guidance for the RICS, RIBA, UKGBC, BCO and others which has already changed the way projects are designed and built in the UK.

Camilla, Ruth and Simon discuss the first edition of the RICS Whole life carbon assessment standard and the upcoming second edition (effective from July this year).

Ruth and Camilla discuss climate considerations and the National Planning Policy Framework with 39 Essex Chambers barristers, Richard Harwood KC. They discuss proposed reforms to the NPPF along with other changes to the planning system and their potential impact on the construction sector.

In this episode, Camilla ter Haar and Ruth Keating from 39 Essex Chambers are joined by Sarah Milne from H2 Green Steel. The Swedish start-up is building a plant in the Swedish town of Boden, just below the Arctic Circle. H2 Green Steel will produce steel, with a reduction of up to 95 percent reducing CO₂ emissions compared to traditional steelmaking – using green hydrogen. H2 Green Steel’s investors include Al Gore’s Just Climate fund.

Sarah has spent 20 years working in the steel industry – the last two and a half with H2 Green Steel. Camilla, Ruth and Sarah discusses how steel can be made more sustainably.

In this episode Camilla ter Haar and Ruth Keating are joined by Simon Wyatt. Simon is a Sustainability Partner at Cundall. At Cundall Simon leads on net zero carbon and sustainable governance service streams, supporting clients realise their net zero carbon and wider ESG aspirations.

Simon has delivered the first WELL-certified projects in both Europe and MENA, as well as helping to develop net zero carbon and whole life carbon methodologies for the Greater London Authority, the UK Green Building Council, the Whole Life Carbon Network and the Construction Industry Council Hong Kong.

Camilla, Ruth and Simon discuss the ‘Eden’ project – the UK's first new build building to achieve a 5.5 NABERS ‘Design Reviewed’ Target Rating. This episode discusses how Eden minimised upfront embodied carbon and lessons for future projects.

Eden project: https://www.cundall.com/projects/eden-new-bailey

In this episode Camilla ter Haar and Ruth Keating are joined by Andrew Mellor. Andrew Mellor is a Partner at PRP Architects. He has extensive experience in large-scale regeneration and leads PRP’s Development Consultancy and Research team, overseeing the sustainability performance of the practice.

Andrew has said: “I cannot see the car manufacturers backing out of electric vehicles now; they are already on a trajectory to move all of their vehicle designs over.” There are clear parallels to the construction industry.

In this episode Camilla, Ruth and Andrew discuss the role of Regenerative Design.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Contracting for the Climate’ with Becky Annison of the Chancery Lane Project. This episode discusses some of the Chancery Lane Project’s model clauses and tips for lawyers on how these clauses can be implemented in contracts. As discussed in the podcast – contracting for the climate is today’s issue, not tomorrow’s problem.

In this episode Camilla ter Haar and Ruth Keating talk to Lewis Barlow, Trustee, carbon and climate at ICE. They also discuss PAS2080: 2023, its updates and aims.

Lewis was a member of both the PAS2080:2023 (Carbon Management in Buildings and Infrastructure) steering group and its Technical Advisory Panel and was featured in the 2024 ENDS report Power List 2024 which names the 100 UK environmental professionals who have made the greatest impact in the past two years.

In this episode Camilla ter Haar and Ruth Keating discuss ‘How to Measure Embodied Carbon’ with Sean Clemons.

Sean Clemons is the UK Managing Director of MGAC and has a wealth of project experience both as a chartered quantity surveyor and as a project manager on the full spectrum of construction projects and specialising in major mixed use development, higher education and complex public-private regeneration initiatives.

In this episode, Camilla ter Haar and Ruth Keating are joined by Dominic Lion, director and head of sustainable real estate at Gallagher, a global insurance brokerage. Camilla, Ruth and Dominic discuss the insurance challenges for the construction sector in working to achieve net zero in construction.

In this episode, Camilla and Ruth discuss duties of construction professionals in relation to climate change. This podcast captures some, but not all, of a chapter written by Camilla, Ruth and Marion Smith KC in a book put together by barristers of 39 Essex Chambers entitled The Law of Net Zero and Nature Positive.

In this episode, Ruth Keating and Camilla ter Haar discuss greenwashing claims and how they relate to the construction sector. Camilla and Ruth discuss what can be done by the construction sector and those advising construction sector clients, on how to avoid greenwashing, without the need to greenhush.

In this episode, Camilla and Ruth are joined by Anthony Wenton, Research Fellow in Public International Law at the British Institute of International and Comparative Law (BIICL). Anthony shares insights on developing case law in insurance disputes concerning climate change related damages – particularly US case law. Together, they explore the relevance of insurance in the context of climate change related disputes.

In this podcast, Ruth and Camilla discuss the UN Sustainability Goals with Ciara Keegan of Congruent Consulting.

Ciara is a chartered quantity surveyor and accredited mediator. She has a Masters of Science, in Construction Law from KCL and an LLM in International Human Rights Law with a focus on global development, environmental law and human rights through the lens of the Built Environment from the Irish Centre for Human Rights, Galway.

In this episode Camilla ter Haar and Ruth Keating discuss ‘Retrofitting’ with Will Hurst.

Will Hurst is Managing Editor of Architects' Journal (AJ). He is an award-winning journalist who has spent his career writing about architecture and the built environment. In particular he has written extensively about the sector’s contribution to the climate crisis and is currently leading the AJ’s anti-demolition campaign RetroFirst.

In this episode, Ruth and Camilla discuss the use of timber in construction with Andrew Carpenter (CEO of the Structural Timber Association/STA). Over a career spanning over 40 years, Andrew has played an active part in the construction industry, focusing on business development, best practices and the sector’s improvement agenda.

Biodiversity Net Gain is a way of creating and improving natural habitats – it is mandatory from 12 February 2024. In terms of the construction industry, developers are one of the groups who need to understand how Biodiversity Net Gain works. For this episode, Ruth Keating and Camilla ter Haar are joined by Simon Boyle and Stephen Poole from the Landmark Academy to discuss Biodiversity Net Gain – the opportunities and the challenges.

In this episode, Camilla ter Haar and Ruth Keating discuss trends in climate change litigation with Catherine Higham. Catherine is a Policy Fellow at the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science. Catherine coordinates the Climate Change Laws of the World project – the most comprehensive global resource on climate legislation and policy.

In June this year, the Grantham Institute published ‘Global trends in climate change litigation: 2024 snapshot’. This episode discusses the latest trends, including the rise in cases against corporates.

You can listen to previous conversations on global trends and snapshot reports with Joana Setzer (here) and Tiffanie Chan (here).