‘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.’
OUT-LAW.com, 5th January 2024
Source: www.pinsentmasons.com
‘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.’
Atkin Chambers, 18th December 2023
Source: www.atkinchambers.com
‘Construction companies should expect the courts in England and Wales to be sympathetic to building safety claims in 2024.’
OUT-LAW.com, 3rd January 2024
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 14th December 2023
Source: www.pinsentmasons.com
‘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.’
Mills & Reeve, 12th December 2023
Source: www.mills-reeve.com
‘Choosing which law should govern construction and engineering contracts – i.e., the “applicable”, “proper” or “governing” law – impacts how those contracts will be interpreted.’
OUT-LAW.com, 23rd November 2023
Source: www.pinsentmasons.com
‘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.’
Falcon Chambers, 2nd October 2023
Source: www.falcon-chambers.com
‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’
Tanfield Chambers, 25th October 2023
Source: www.tanfieldchambers.co.uk
‘“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.’
Tanfield Chambers, 19th October 2023
Source: www.tanfieldchambers.co.uk
‘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.’
OUT-LAW.com, 27th September 2023
Source: www.pinsentmasons.com
‘Simon Lewis and Michelle Essen look at the impact of the Building Safety Act 2022 on councils.’
Local Government Lawyer, 22nd September 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Each Other, 6th September 2023
Source: eachother.org.uk
‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’
4KBW, 13th July 2023
Source: www.4kbw.co.uk
‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’
Law Society's Gazette, 20th July 2023
Source: www.lawgazette.co.uk
‘The terms “assignment” and “novation” are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.’
OUT-LAW.com, 14th July 2023
Source: www.pinsentmasons.com
‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’
OUT-LAW.com, 14th July 2023
Source: www.pinsentmasons.com
‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’
OUT-LAW.com, 3rd July 2023
Source: www.pinsentmasons.com
‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
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