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The Building Safety Act: Changes to the Limitation Period Under The Defective Premises Act 1972
It has recently been announced that the Building Safety Bill is being brought into force as The Building Safety Act 2022 (the “Act”) and will extend the limitation period in respect of when a claim can be brought under Section 1 of the Defective Premises Act 1972 (the “DPA”). Section 1 of the DPA essentially… Read More >
Building Safety Act 2022: Focus on manufacturers
The Building Safety Act (“the Act”) received Royal Assent on 28 April 2022, and much of it is already in force or will be from 28 June 2022, including the Sections considered below. The Act marks a significant step in the efforts to resolve the building safety crisis triggered by the Grenfell fire. It implements… Read More >
Building Safety Bill: A new landscape for claims under the Defective Premises Act 1972?
Yesterday, the Government published the Building Safety Bill (the “Bill”), which was first announced in draft form in July 2020 and intends to strengthen the regulatory system for building safety following the Grenfell Tower fire in June 2017. This article discusses the changes the Bill proposes to introduce to the Defective Premises Act 1972 (the… Read More >
Procurement Lessons Unlearned: Grenfell Tower and the Risks of the Procurement Act 2023
Introduction One of the lesser explored lessons from the Grenfell Tower tragedy of 14 June 2017 is how failures in the procurement process contributed to the inadequate construction standards, poor regulatory oversight, and ultimately unacceptable shortcomings in safety standards. The disaster resulted in 72 deaths and brought to light numerous safety violations, particularly regarding the… Read More >
When does time start to run on a contractor insolvency claim under a NHBC new homes policy?
The Technology and Construction Court recently delivered helpful judicial guidance on when an insured’s cause of action under an the NHBC ‘Buildmark Choice’ policy, providing cover for contractor insolvency before practical completion arises. The judgment in Peabody Trust v National House-Building Council [2024] EWHC 2063 (TCC)[1] concerns an application for summary judgment, or strike out,… Read More >
JCT Contracts 2024 – Standard Building Contracts and Intermediate Building Contracts
The JCT has continued the roll out of its 2024 suite of contracts, publishing the Standard Building Contracts and related sub-contracts on 21 August 2024. Updated collateral warranties were also released on 21 August, following the Design & Build Contract, Minor Works Contracts and Intermediate Building Contract families published earlier in the year. The changes… Read More >
The impact of artificial intelligence on the construction industry
What is Artificial Intelligence? Artificial Intelligence (“AI”) is a field of science concerned with building computers and machines that can reason, learn and act in such a way that would normally require human intelligence. It also encompasses data of a scale that far exceeds what humans can analyse. The impact of AI on the way… Read More >
Rebuilding Ukraine Part 4: Investment Opportunities
It is clear to all that a major global financial effort will be required to rebuild Ukraine. It is also now widely recognised that the investment needed to rebuild Ukraine cannot wait until the conclusion of the war. In recent times there has been a developing focus on financing and support for Ukraine’s reconstruction in… Read More >
Are Collateral Warranties Construction Contracts? The Supreme Court Weighs In
On 9 July 2024, the Supreme Court unanimously decided a collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”), and thus cannot be used as the basis for adjudication. In doing so, the Court overturned prior case law. In this article, Michael O’Brien… Read More >
Updates to the ABCA’s Standard Contracts
We are delighted to have recently been involved, alongside the market’s insurers, in drafting the updated Association of Building Control Approvers (“ABCA”) standard contracts for the appointment of a Building Control Approver. The Building Control Approver role, replacing that of the Approved Inspector, was introduced following the numerous changes under the Building Safety Act. From… Read More >