JCT DB 2024 – a bit of ‘give and take’ on contractor design liability – OUT-LAW.com

Posted May 14th, 2024 in building law, construction industry, contracts, duty of care, news by tracey

‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’

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OUT-LAW.com, 14th May 2024

Source: www.pinsentmasons.com

JCT D&B contract 2024 clarifies treatment of liquidated damages at termination – OUT-LAW.com

Posted April 29th, 2024 in construction industry, contracts, damages, delay, news by tracey

‘The recently published update by the Joint Contracts Tribunal (JCT) clarifies treatment of liquidated damages at termination and brings the new design and build form in line with other contract types used within the UK construction sector, an expert has said.’

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OUT-LAW.com, 26th April 2024

Source: www.pinsentmasons.com

Episode 23 – Construction and The Climate – Whole Life Carbon Assessment – 39 Essex Chambers

Posted April 25th, 2024 in chambers articles, climate change, construction industry, news by sally

‘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.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Here we Grove again: Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 3051 (TCC) – 39 Essex Chambers

Posted April 25th, 2024 in construction industry, enforcement, jurisdiction, news by sally

‘There had been a number of adjudications between the parties:

– The first adjudication was a “smash and grab” adjudication, in which Lidl was ordered to pay the sum in application for payment 19 (“AFP19”) together with interest.
– In the second adjudication, Lidl sought the cost of appointing a third party to rectify alleged defects in the works.
– The third adjudication, again referred by Lidl, concerned 3CL’s entitlement to an extension of time. Lidl did not seek any remedy in relation to the payment or deduction of liquidated damages.’

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39 Essex Chambers, 18th April 2024

Source: www.39essex.com

‘Second staircases’ to be mandatory for new buildings above 18m in England – OUT-LAW.com

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

‘Property developers in England have been given much-needed clarity on the “second staircase” rule, after the government confirmed the requirement of two staircases for new residential buildings over 18 metres in height.’

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OUT-LAW.com, 5th April 2024

Source: www.pinsentmasons.com

Thousands trapped in flats with Grenfell-style cladding ‘scammed’ by insurers – The Independent

‘Thousands of residents trapped in homes with Grenfell-style cladding that they cannot sell are being “scammed” by insurers demanding unaffordable premiums despite being told the buildings are safe, The Independent can reveal. Nearly seven years after the tragedy, which took place in west London in June 2017, residents living in cladded homes are seeing their insurance costs surge by up to 1,000 per cent.’

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The Independent, 24th March 2024

Source: www.independent.co.uk

Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector – Law & Social Inquiry

‘A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.’

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Law & Social Inquiry, 14th February 2024

Source: www.cambridge.org

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