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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 >
Cladding Fire-Safety Claims: Court leniency to amending pleading
February 2022A recent Court of Appeal judgment, regarding a claim in respect of cladding fire-safety issues, allowed the claimant to amend its claim notwithstanding limitation arguments raised by the defendant. The decision indicates that the Courts may adopt a lenient approach to issues of limitation in these types of claims. In Mulalley & Co Ltd v… Read More >
Building Safety Bill: Professional Indemnity Implications
January 2022Following the Grenfell tragedy and in response to the Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt, the Government published the draft Building Safety Bill (“the Bill”) in July 2020. The final version of the Bill was introduced in the House of Commons on 5 July 2021 and will likely… Read More >
Building Safety: New Plans for Low Rise Buildings Unveiled
January 2022Background On 10 January 2022, the Secretary of State for the Department for Levelling Up, Housing and Communities (“DLUHC”) published a letter to the residential property industry to propose a fully funded plan of action for the remediation of unsafe cladding on low rise residential buildings. What will be required of residential property developers? The… Read More >
Building Safety Bill – New Proposed Draft Regulations
October 2021On the 14th October, the Government updated and published a series of six draft Regulations to accompany the Building Safety Bill (“the Bill”), which continues to make its way through parliament and is on track to become law in 2022. Together with those published on 5th July, these draft Regulations are yet to become finalised,… Read More >
Proposed Amendments to the Building Safety Bill
September 2021Further to our article Building Safety Bill: A new landscape for claims under the defective premises act 1972? in July 2021, various iterations of the Building Safety Bill (Amendment paper) are being submitted by the House of Commons Committee and we wanted to pick up and highlight two key issues the first which seeks to… Read More >
The Building Safety Bill: Draft Secondary Legislation published for Gateway One in England
May 2021From 1 August 2021, the Government is intending to introduce several new requirements into the planning system by making amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) (the “Order”). This marks the first stage of the Government’s implementation of the requirements outlined in the draft Building Safety Bill… Read More >
Building a safer future: The Fire Safety Bill
March 2021The Fire Safety Bill is part of a series of proposed changes to fire and building safety following the Grenfell Tower fire in 2017. It seeks to amend the Regulatory Reform (Fire Safety) Order 2005 to clarify that the responsible person or duty-holder for residential buildings containing one or more homes must manage and reduce the risk of fire for: The structure and external walls of… Read More >
Building a Safer Future: New regulator means safer construction products and materials
February 2021As those who have followed media coverage of the Grenfell Inquiry will be aware, it has highlighted the dishonest practice seemingly employed by some manufacturers of construction products. As observed by Housing Secretary Robert Jenrick, “the Grenfell Inquiry has heard deeply disturbing allegations of malpractice by some construction product manufacturers and their employees and of… Read More >
The draft Building Safety Bill – changes afoot?
December 2020In July 2020, following a consultation on proposals for reforming the building safety system¹, the government published the draft Building Safety Bill (“the Bill”). In an article earlier this year (linked here) we considered the provisions included within the Bill, which is intended to reform the building safety system following the Grenfell Tower fire in… Read More >