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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 >
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 >