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When does time start to run on a contractor insolvency claim under a NHBC new homes policy?
September 2024The Technology and Construction Court recently delivered helpful judicial guidance on when an insured’s cause of action under an the NHBC ‘Buildmark Choice’ policy, providing cover for contractor insolvency before practical completion arises. The judgment in Peabody Trust v National House-Building Council [2024] EWHC 2063 (TCC)[1] concerns an application for summary judgment, or strike out,… Read More >
JCT Contracts 2024 – Standard Building Contracts and Intermediate Building Contracts
August 2024The JCT has continued the roll out of its 2024 suite of contracts, publishing the Standard Building Contracts and related sub-contracts on 21 August 2024. Updated collateral warranties were also released on 21 August, following the Design & Build Contract, Minor Works Contracts and Intermediate Building Contract families published earlier in the year. The changes… Read More >
The impact of artificial intelligence on the construction industry
August 2024What is Artificial Intelligence? Artificial Intelligence (“AI”) is a field of science concerned with building computers and machines that can reason, learn and act in such a way that would normally require human intelligence. It also encompasses data of a scale that far exceeds what humans can analyse. The impact of AI on the way… Read More >
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 >