Condition precedents in light of Lancashire Schools v Lendlease – Local Government Lawyer

‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

New legislation simplifies UK Construction Industry Scheme scope – OUT-LAW.com

Posted March 11th, 2024 in building law, construction industry, landlord & tenant, news, taxation by tracey

‘New rules outlined today are designed to simplify a UK tax regime that applies when tenants carry out certain construction works and where payment is made by landlords.’

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OUT-LAW.com, 8th March 2024

Source: www.pinsentmasons.com

Spotlight on Construction Law – Local Government Lawyer

Posted March 11th, 2024 in building law, construction industry, local government, news by tracey

‘It has been a busy year in the construction industry, write David Owens, Rachel Murray-Smith and Helen Arthur, with some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government issuing a significant paper in respect of behaviours relating to PFI contracts.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Resisting enforcement of an adjudicator’s decision – Local Government Lawyer

‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by tracey

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Hitting the high spots: 2023 in construction law – Atkin Chambers

Posted January 4th, 2024 in building law, chambers articles, construction industry, news by sally

‘In an article published today by Building Magazine, Rupert Choat KC looks at the legal highlights of 2023 in construction law, which include a case on a high-up viewing platform and a new regime for high-rise residences.’

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Atkin Chambers, 18th December 2023

Source: www.atkinchambers.com

Courts will continue to shape building safety law in 2024 – OUT-LAW.com

Posted January 4th, 2024 in building law, construction industry, health & safety, news by sally

‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’

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OUT-LAW.com, 3rd January 2024

Source: www.pinsentmasons.com

How UK law on adjudication looks heading into 2024 – OUT-LAW.com

Posted December 15th, 2023 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’

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OUT-LAW.com, 14th December 2023

Source: www.pinsentmasons.com

Multi-million-pound defective design claim out of time – Mills & Reeve

Posted December 12th, 2023 in construction industry, contracts, limitations, news by sally

‘Here’s our guide to scope of duty and limitation in a wide-ranging judgment handed down by the Technology and Construction Court. The decision in Lendlease Construction (Europe) Limited v Aecom Limited [2023] EWHC 2620 (TCC) provides a helpful review of these issues in the context of construction projects.’

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Mills & Reeve, 12th December 2023

Source: www.mills-reeve.com

Applicable law for construction and engineering contracts: constraints on freedom of choice – OUT-LAW.com

Posted November 24th, 2023 in construction industry, contracts, interpretation, news by tracey

‘Choosing which law should govern construction and engineering contracts – i.e., the “applicable”, “proper” or “governing” law – impacts how those contracts will be interpreted.’

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OUT-LAW.com, 23rd November 2023

Source: www.pinsentmasons.com

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

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Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

Development agreements: the contractual duty to act in good faith – Tanfield Chambers

Posted November 8th, 2023 in chambers articles, construction industry, contracts, news by sally

‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’

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Tanfield Chambers, 25th October 2023

Source: www.tanfieldchambers.co.uk

Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers

‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’

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Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

English court reminds construction contract payment provisions to be ‘compliant’ – OUT-LAW.com

Posted September 28th, 2023 in construction industry, contracts, news, time limits by tracey

‘An English court has reminded the construction sector of the importance of complying with the mandatory payment provisions in the Housing Grants, Construction and Regeneration Act 1996 (1996 Act) in payment provisions, in a case in which it found that a contract which requires the submission of VAT invoice to fix the final date for payment is not compliant.’

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OUT-LAW.com, 27th September 2023

Source: www.pinsentmasons.com

Local authorities and the Building Safety Regulator – Local Government Lawyer

‘Simon Lewis and Michelle Essen look at the impact of the Building Safety Act 2022 on councils.’

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Local Government Lawyer, 22nd September 2023

Source: www.localgovernmentlawyer.co.uk

Why The RAAC Scandal Is A Human Rights Issue – Each Other

‘Since 1994, people relying on the use of public buildings in the UK have, without knowing it, been let down by the use of Reinforced Autoclaved Aerated Concrete (RAAC): a cheaper, lightweight alternative to traditional concrete, but one that has an average lifespan of only 30 years. Now, as some schools face closure ensue at what would have been the beginning of term, the Department for Education has come under fire for its timing and for its previous lack of action. But it’s not just a safety issue: it’s a human rights issue.’

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Each Other, 6th September 2023

Source: eachother.org.uk

Supreme Court spells out the limitations of nuisance – 4KBW

‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’

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4KBW, 13th July 2023

Source: www.4kbw.co.uk

Construction terms: contractual notices and condition precedent notices – OUT-LAW.com

Posted August 11th, 2023 in construction industry, contracts, news, notification, precedent by tracey

‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’

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OUT-LAW.com, 10th August 2023

Source: www.pinsentmasons.com

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers

‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Judge lambasts City firm over costs bill – Law Society’s Gazette

Posted July 21st, 2023 in budgets, case management, construction industry, contracts, costs, law firms, news by tracey

‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’

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Law Society's Gazette, 20th July 2023

Source: www.lawgazette.co.uk