Defective Premises Act 1972 and Building Liability Orders
3 February 2025
Insight Hub
11 November 2024
The First-Tier Tribunal (FTT) has considered the meaning of “higher-risk building’ (HRB) under section 65 of the Building Safety Act 2022 (BSA). We take a look at the FTT decision in Blomfield and others -v- Monier Road Limited below. A copy of the decision can be found here. An application was made for a Remediation Order…
Read more21 August 2024
The Court of Appeal handed down its Judgment last week overturning the decision of the Technology and Construction Court (TCC) in relation to the proper construction of termination provisions in a JCT 2016 Design & Build form of Contract. Facts In February 2019 Hexagon and Providence entered into an amended JCT Design & Build 2016…
Read more12 July 2024
The Supreme Court handed down a significant and much-anticipated judgment for the construction industry on Tuesday in the case of Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct UK LLP) on whether a collateral warranty is a construction contract under the Housing Grants, Construction and Regeneration Act 1996 (the Act). The…
Read more16 May 2024
Late last year, the Court of Appeal’s decision on alternative dispute resolution in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 highlighted the significant role that mediation can play in successfully resolving disputes. In Churchill, the Court of Appeal found that the court can order a stay to proceedings to allow parties…
Read more19 April 2024
The Joint Contracts Tribunal (JCT) published its new Design and Build 2024 and Design and Build Sub-contract 2024 standard forms of contract on 17 April 2024 with much anticipation from across the sector. We set out in further detail below some of the key changes made. Building Safety Act The sector has been grappling with…
Read more28 February 2024
Download Article It has been a busy year in the construction industry and within our team. There have been some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government has issued a significant paper in respect of behaviours relating to PFI contracts. All the while the impact of inflation…
Read more14 February 2024
Remediation Orders: What you need to know The Building Safety Act 2022 (“BSA”) requires landlords, developers and their associates to remediate historical defects that pose a building safety risk in certain buildings. As part of the package of leaseholder protections implemented by the BSA, the First Tier Tribunal (“FTT”) is able to make Remediation Orders…
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