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Rebuilding Ukraine Part 4: Investment Opportunities
August 2024It 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
July 2024On 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
July 2024We 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 >
The potential impact of the Leasehold and Freehold Reform Act 2024 on the residential facilities management market
July 2024As reported by Beale & Co’s Kayleigh Rhodes and Antony Smith in their recent article ‘Which Bills survived the 2024 General Election announcement?’, The Leasehold and Freehold Reform Act 2024 (the “Act”) received Royal Assent on 24 May 2024[1]. The Act is the latest (and most likely the last) part of the incumbent Conservative Government’s… Read More >
JCT Minor Works Contracts 2024
May 2024The JCT published the 2024 editions of the Minor Works Building Contract and the Minor Works Building Contract with contractor’s design on 15 May 2024. The JCT has also released user checklists for the Minor Works contracts alongside updates to the Contract Administration Model Forms for the Design and Build and Minor Works contracts. The… Read More >
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 >