Jail for builder Rob Hayel who ‘left homes at risk of collapse’ – BBC News

Posted August 7th, 2020 in building law, construction industry, fraud, imprisonment, news, sentencing by sally

‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Supreme Court hands down key ruling on listed buildings – Local Government Lawyer

‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

“What next for the Construction Act?” – Rupert Choat for Building Magazine – Atkin Chambers

‘The latest consultation on the Construction Act reached its second stage last month, with the government’s long overdue publication of responses to its consultation on the legislation. When the 1996 act was amended in 2011, the government proposed reviewing it after three years. However, it was six years before consultation with the industry even began. A summary of the responses to that consultation was due two years ago but, presumably owing to Brexit, was not published until this February.’

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Atkin Chambers, 12th May 2020

Source: www.atkinchambers.com

Coronavirus, adjudication and injunctions – Practical Law Construction Blog

Posted April 17th, 2020 in building law, construction industry, coronavirus, injunctions, news by sally

‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’

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Practical Law Construction Blog, 15th April 2020

Source: constructionblog.practicallaw.com

Contracting with Coronavirus: the NEC contract terms – 39 Essex Chambers

‘This article, the second in a series of three articles, considers the effect of Coronavirus on the contract regimes applicable to NEC forms of contract. Other articles cover JCT terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 27th March 2020

Source: www.39essex.com

Contracting with Coronavirus: JCT contract terms – 39 Essex Chambers

‘This article, the first in a series of three articles, considers the effect of Coronavirus on the contract terms applicable to the JCT form of contract. Other articles cover NEC terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 26th March 2020

Source: www.39essex.com

C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

The relevance of pre-contract information – Law Society’s Gazette

Posted March 31st, 2020 in asbestos, building law, construction industry, contracts, news by sally

‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’

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Law Society's Gazette, 30th March 2020

Source: www.lawgazette.co.uk

Grenfell Inquiry: Aesthetics v safety v money – BBC News

‘Grenfell was the worst residential fire in UK peacetime history, with 72 people losing their lives. We now know what happened – the report on phase one of the public inquiry has been published – but the next phase is spending months investigating why it happened, and considering who might be to blame.’

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BBC News, 13th March 2020

Source: www.bbc.co.uk

Court of Appeal clarifies UK Construction Act treatment of hybrid contracts – OUT-LAW.com

Posted March 10th, 2020 in building law, contracts, news, notification by tracey

‘The Court of Appeal in London has ruled that UK construction law does not require hybrid contracts to include distinct notifications with separate break downs for construction operations and non-construction operations.’

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OUT-LAW.com, 9th March 2020

Source: www.pinsentmasons.com

I tort I was covered? Management companies procuring maintenance works – a common pitfall – Practical Law Construction Blog

Posted February 27th, 2020 in building law, contracts, duty of care, landlord & tenant, news by tracey

‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’

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Practical Law Construction Blog, 26th February 2020

Source: constructionblog.practicallaw.com

PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC) – Atkin Chambers

Posted February 21st, 2020 in building law, chambers articles, construction industry, contracts, news by sally

‘On 7 February 2020 Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC). Steven Walker QC and Tom Owen appeared for Bester instructed by Rebecca Williams of Watson Farley Williams.’

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Atkin Chambers, 7th February 2020

Source: www.atkinchambers.com

Judge says cowboy traders can be ‘professional, legitimate and hard working’ as he jails rogue plumber – Daily Telegraph

Posted February 12th, 2020 in building law, health & safety, licensing, news, sentencing by sally

‘A judge has said cowboy traders can be “professional, legitimate and hard working”, as he jailed a rogue plumber.’

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Daily Telegraph, 11th February 2020

Source: www.telegraph.co.uk

Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News

‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

People who worked on Grenfell Tower ‘could face life sentences’ – The Guardian

‘People who worked on the Grenfell Tower refurbishment could face the threat of being jailed for life, their lawyers have said, with witnesses interviewed by police believing they could be charged with manslaughter.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer

‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

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Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

New building safety regulator for England to be set up immediately – OUT-LAW.com

Posted January 23rd, 2020 in building law, construction industry, fire, health & safety, news by tracey

‘Planned measures to improve high-rise residential building and fire safety in England will be speeded up, the UK government has announced.’

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OUT-LAW.com, 22nd February 2020

Source: www.pinsentmasons.com

Firm claims first victory in contested cavity wall insulation case – Litigation Futures

Posted June 17th, 2019 in building law, damages, law firms, news by tracey

‘A north-west law firm has won what it believes is the first contested case against installers of faulty cavity wall insulation.’

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Litigation Futures, 17th June 2019

Source: www.litigationfutures.com