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Is it possible to limit or exclude liability in response to claims under the Defective Premises Act? (1) Brenda Vainker and (2) Francois Vainker v Marbank Construction Limited & Others [2024] EWHC 667 (TCC); Jefford J
May 2024Background facts In 1999, Mr and Mrs Vainker (the “Claimants”) purchased a house that was subsequently demolished in 2003 with the intention to re-build a new residential property known as The Croft at Walpole Gardens, Strawberry Hill, Twickenham (the “Property”). The Property was intended for Mrs Vainker to occupy on her retirement. In 2009, Mrs… Read More >
The Building Safety Regulator’s Plan for Change
December 2023The Building Safety Regulator (BSR) has published its 3-year strategic Plan. The three year plan, sets out how the BSR will carry out building safety functions between 2023 and 2026. The plan describes what work the BSR will deliver, how they will deliver this, and what they aim to achieve. The BSR will focus on… Read More >
Principal Designer and Principal Contractor – Secondary Legislation Published
October 2023Secondary legislation[1] is now in force which provides important clarification as to how the new roles of the Principal Designer and Principal Contractor will operate under the Building Safety Act. Regulation 6 inserts a new Part 2A into the Building Regulations which sets out the arrangements a client must make, including the appointment of a… Read More >
The Impact of Innovative Technology in the Construction Industry: Staying Ahead of the Curve
September 2023The construction industry continues to undergo a digital transformation with the integration of innovative technology which is transforming the way construction projects are designed, executed, and managed. In this article Ian Masser and Sophie-Rose Bowen discuss some of the ways that innovative technology is being used in the construction industry and the potential legal issues… Read More >
Building Safety and Medium-Rise Buildings
August 2023The Government has recently launched the Cladding Safety Scheme (CSS), a fund for addressing life safety risks associated with cladding on residential buildings over 11 metres in height (or 11-18 metres in height if the building is in London). The CSS forms part of the broader suite of building safety measures implemented in recent years,… Read More >
Building Safety in the Courts: URS Corporation Ltd v BDW Trading Ltd
July 2023Whether developers are owed duties under the Defective Premises Act 1972 has been uncertain for a number of years. The Court of Appeal has provided clarity around this point, and a number of other issues in a recent decision. Background BDW, a developer, appointed URS, an engineering firm, to provide structural design services in relation… Read More >
Fire Safety in the UAE: Sharjah announces replacement of fire hazard cladding in over 200 buildings
May 2023In April 2023, His Highness Dr Sheikh Sultan bin Mohammed Al Qasimi, Ruler of Sharjah announced that 203 buildings with over seven floors across that Emirate, required the removal of materials that are fire hazards. The announcement follows a major fire that took place in May 2020 at Abbco Tower, a high-rise Sharjah tower that was… Read More >
GIIG – An Interoperability Code of Practice for Technologies in the Built and Managed Environment
May 2023The Government & Industry Interoperability Group (GIIG) has published their new Code of Practice for Technologies in the Built and Managed Environment which addresses the perennial issue of the inoperability of data within the construction industry. It is intended that the Code of Practice will enable parties to a construction project to achieve the ‘golden… Read More >
Building Liability Orders – Where are we now?
March 2023Building Liability Orders (BLOs) and Information Orders have been in force since 28 June 2022. Over 8 months have now passed and the impact that these orders will have in practice, and how these orders will change the liability landscape for construction projects, remains to be seen. However, we anticipate that significant developments in this… Read More >
Fire Safety: First Substantive Post-Grenfell Judgment
July 2022The first substantive judgment on fire safety post-Grenfell has arrived. Continuing the focus on fire safety of residential buildings following the Grenfell Tower fire in 2017 and the recent introduction of the Building Safety Act 2022, the Technology and Construction Court recently handed down its decision in Martlet Homes Limited v Mulalley & Co. Limited. … Read More >