Articles
Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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RICS response to RICS PII Market: Call for views
July 2022In July 2021, in the context of concern surrounding the effects of a hardened Professional Indemnity insurance (PII) market, the Royal Institution of Chartered Surveyors (RICS) launched a review of its PII requirements in the UK. In January 2022, RICS consulted on the outputs of this working group (link here) and provided an opportunity for members… Read More >
Design to Budget Clauses in an Inflated Market
July 2022Tender prices on construction projects in Saudi Arabia rose by an average of 4.5% in 2021. Given the strength of demand for construction materials, the shortage of qualified local contractors, dependence on imported building materials particularly from China and Europe, we now know tender price inflation is expected to be north of 7% in 2022.… Read More >
ORCHARD PLAZA MANAGEMENT COMPANY LIMITED and BALFOUR BEATTY REGIONAL CONSTRUCTION LIMITED
July 2022Remoteness defence fails in latest cladding decision In this case, Orchard Plaza Management Company Limited, (the Claimant) successfully applied for strike out and/ or summary judgement in respect of parts of the Defence of Balfour Beatty Regional Construction Limited (the Defendant). The Defendant had put forward a defence that the Claimant’s pleaded loss and damage… Read More >
Procurement Bill 2022: six key changes
June 2022Introduction We have written previously about the Government’s initiative of “Transforming Public Procurement” after the publication of its Green Paper on this topic. The eagerly awaited Bill presenting the actual legislation was released on 11 May before its first reading in the House of Lords. Running to 118 pages (including 11 Schedules), there is plenty… Read More >
Limitation Periods…. Today is the Day!
June 2022We have been providing regular updates and speaking at workshops and seminars over the last 12 months as the government sought to finalise the Building Safety Act 2022, which forms along with the Fire Safety Act, its main legislative response to the Grenfell Inquiry. The Building Safety Act finally received Royal Assent on the 28… Read More >
Collateral Warranties – Careful! They could be a construction contract. Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823
June 2022On 21 June 2022, the Court of Appeal in a majority decision has decided that collateral warranties can be “construction contracts” for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”). This judgment has provided some much needed certainty on the contractual status of a collateral warranty. The important takeaway… Read More >
ARB PII update
June 2022A week ago was the fifth anniversary of the Grenfell Tower tragedy, a reminder for all in the construction industry of how important safety is to the design and build of a development. There has been significant reform in legislation to better govern building safety. Along with these changes, professional indemnity insurers are also reassessing… Read More >
reports from the courts
June 2022Our regular round up of recent court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth who report on a rare example of the courts refusing enforcement of an adjudicator’s decision; and another that acts as a reminder to ensure that the basis of the pricing and the payment mechanism in… Read More >
The Building Safety Act: Changes to the Limitation Period Under The Defective Premises Act 1972
June 2022It 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 >
Broker Remuneration – FCA intervention looking likely after government review of post-Grenfell property insurance sector
June 2022In January 2022, Michael Gove, Secretary of State for Levelling Up, Housing and Communities, called on the Financial Conduct Authority (FCA) to assess the causes of the “crippling costs” of year-on-year price increases for insurance premiums and the marked restriction in coverage available for medium- and high-rise properties, after the Grenfell fire. Practical recommendations for… Read More >