The final Grenfell inquiry report and what it means for families – Politics Weekly UK – The Guardian

‘The 2017 Grenfell Tower fire in London was the result of ‘decades of failure’ by central government, the public inquiry into the catastrophe has found. The Guardian’s John Harris looks at the findings of the report with the social affairs leader writer Susanna Rustin. And, as Labour continues to warn ‘things will get worse before they get better’, we are joined by the economists James Meadway and Ann Pettifor to discuss whether a painful period of austerity-lite is the only way through the storm.’

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The Guardian, 5th September 2024

Source: www.theguardian.com

Grenfell Report: Key findings from the inquiry – BBC News

Posted September 5th, 2024 in bereavement, construction industry, fire, health & safety, inquiries, London, news, reports by sally

‘The Grenfell Inquiry’s final report sets out how a chain of failures across government and the private sector led to Grenfell Tower becoming a death trap.’

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BBC News, 4th September 2024

Source: www.bbc.co.uk

Developer and director who ignored enforcement notice hit with more than £300k in fines and costs – Local Government Lawyer

Posted September 3rd, 2024 in construction industry, costs, enforcement notices, fines, news, planning by sally

‘Developers who forged ahead with construction on a residential site despite receiving a temporary stop notice and an enforcement notice have been ordered to pay £120,000 in costs to South Hams District Council.’

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Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

‘Grenfell is a warning to the world’: The survivors still searching for justice – The Independent

‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’

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The Independent, 1st September 2024

Source: www.independent.co.uk

The Court of Appeal decides on JCT DB 2016 termination provisions – Local Government Lawyer

Posted August 23rd, 2024 in construction industry, contracts, news by sally

‘Helen Arthur provides an update on an important Court of Appeal ruling in a case concerning the proper construction of termination provisions in a JCT 2016 Design & Build form of Contract.’

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Local Government Lawyer, 23rd August 2024

Source: www.localgovernmentlawyer.co.uk

Strict duties under the DPA: does the decision in Vainker v Marbank bring us any closer to getting a firm answer on this? – Gatehouse Chambers

‘It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the “DPA”), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed.’

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Gatehouse Chambers, 22nd July 2024

Source: gatehouselaw.co.uk

The Supreme Court on whether collateral warranties are construction contracts – Local Government Lawyer

Posted July 18th, 2024 in construction industry, contracts, news, Supreme Court, warranties by michael

‘In Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 the Supreme Court decided unanimously that the collateral warranty in issue was not a construction contract for the purposes of the 1996 Act and that most collateral warranties will also be regarded as the same. This overrules the decision of the Technology and Construction Court (TCC) in Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC). The Supreme Court’s judgment provides much-needed clarity for the industry.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Adjudication and Collateral Warranties – Supreme Court Decision in Abbey v Simply – 4 New Square

‘In this article, 4 New Square Chambers’ Douglas James considers the Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd (Respondent) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) (Appellant) [2024] UKSC 23 and its implications for adjudication business.’

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4 New Square, 15th July 2024

Source: www.4newsquare.com

Cowboy builders who conned elderly victims jailed – BBC News

‘A gang of cowboy builders who preyed on more than 20 homeowners across England and Wales, defrauding them out of a collective £1.2m, have been jailed.’

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BBC News, 15th July 2024

Source: www.bbc.co.uk

Workplace fatalities rise in the UK -OUT-LAW.com

Posted July 10th, 2024 in accidents, construction industry, health & safety, news, statistics by sally

‘Construction companies have been urged to review their health and safety policies after new data showed most workplace fatalities in the UK occur in the sector.’

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OUT-LAW.com, 9th July 2024

Source: www.pinsentmasons.com

Lant Street decision: is it a cladding system? – Tanfield Chambers

‘This article will focus on a critical aspect of the Upper Tribunal’s recent decision in Lehner v Lant Street Management Company Limited [2024] UKUT 0135 (LC). It follows on from Piers Harrison’s earlier post on the case.’

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Tanfield Chambers, 20th June 2024

Source: www.tanfieldchambers.co.uk

Double Trouble – Local Government Lawyer

Posted June 21st, 2024 in construction industry, dispute resolution, local government, news by michael

‘In the case of Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC), the Court decided that a party can pursue both a smash & grab adjudication and, in the alternative, a true valuation in the same adjudication. The adjudicator will have jurisdiction to consider both arguments if they relate to one dispute i.e. the payment sum.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

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 sally

‘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 sally

‘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 sally

‘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