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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Litigation Futures, 17th June 2019

Source: www.litigationfutures.com

“Practical completion” considered by Court Appeal for first time in 50 years – Practical Law: Construction Blog

Posted April 5th, 2019 in building law, construction industry, contracts, landlord & tenant, leases, news by tracey

‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’

Full Story

Practical Law: Construction Blog, 29th March 2019

Source: constructionblog.practicallaw.com

Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

Full Story

Hardwicke Chambers, 25th January 2019

Source: hardwicke.co.uk

Private AI – claims against approved inspectors – Practical Law: Construction Blog

Posted February 12th, 2019 in building law, defective premises, health & safety, insurance, negligence, news by tracey

‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.

To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’

Full Story

Practical Law: Construction Blog, 11th February 2019

Source: constructionblog.practicallaw.com

Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448 – Hardwicke Chambers

Posted December 12th, 2018 in building law, contracts, damages, dispute resolution, enforcement, news by sally

‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’

Full Story

Hardwicke Chambers, 15th November 2018

Source: hardwicke.co.uk

Government to review safety advice amid new high-rise cladding fears – The Guardian

Posted November 28th, 2018 in building law, construction industry, fire, health & safety, news, regulations by tracey

‘The government has ordered a review of building safety advice amid concerns that scores of tall buildings fitted with combustible cladding and insulation may have been missed by a testing programme following the Grenfell Tower fire.

Full Story

The Guardian, 27th November 2018

Source: www.theguardian.com

Adjudicator’s chicken and egg jurisdictional dilemma – Practical Law: Construction Blog

Posted October 5th, 2018 in building law, contracts, dispute resolution, jurisdiction, news by tracey

‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’

Full Story

Practical Law: Construction Blog, 2nd October 2018

Source: constructionblog.practicallaw.com

Planning reforms to give councils more flexibility to dispose of surplus land – Local Government Lawyer

‘The government has announced plans to consult on further reforms to the planning system, including giving local authorities more flexibility to dispose of surplus land that could instead accommodate new homes.’

Full Story

Local Government Lawyer, 2nd October 2018

Source: www.localgovernmentlawyer.co.uk

Close dangerous fire safety loophole, London Fire Brigade says in wake of Grenfell disaster – Daily Telegraph

Posted November 13th, 2017 in building law, fire, fire services, health & safety, London, news by tracey

‘A fire safety loophole means “dangerous decisions” are being made about building design that could lead to more serious blazes, the London Fire Brigade has warned.’

Full Story

Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

‘The government has announced an independent review of building regulations after tests showed that at least 82 residential high-rises use a combination of insulation and cladding that does not meet fire safety standards.’

Full Story

The Guardian, 28th July 2017

Source: www.theguardian.com

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

Full Story

New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

‘Practical completion is a key concept in any construction project. It has a significant impact on a party’s rights and obligations, and represents a major milestone in the overall project timetable. Under the majority of construction projects, it marks the point at which the clock starts running for the overall transfer of risk from the contractor to the owner.’

Full Story

Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

UKI (Kingsway) Ltd v Westminster City Council – WLR Daily

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430

‘The freeholder of a building being redeveloped failed to agree with the local billing authority a date on which the building would be brought into the ratings list. The authority subsequently delivered to the manager of the building a completion notice addressed to “the owner” specifying a date. The manager, who was not authorised to accept legal documents on behalf of the freeholder, scanned the document and e-mailed a copy to the freeholder. When the building was entered onto the ratings list the freeholder appealed on the grounds that the completion notice was invalid and had not been validly served. Before the Court of Appeal the sole issue was the validity of service.’

WLR Daily, 15th June 2017

Source: www.iclr.co.uk

Judge quashes permission in basement and permitted development rights case – Local Government Lawyer

Posted December 9th, 2016 in building law, interpretation, local government, London, news, planning by sally

‘A judge has quashed the London Borough of Camden’s grant of planning permission for a basement extension, deciding that the planning committee misdirected itself over the volume of associated engineering works.’

Full story

Local Government Lawyer, 6th December 2016

Source: www.localgovernmentlawyer.co.uk