Defective Premises Act 1972 and Building Liability Orders
3 February 2025
Insight Hub
28 January 2025
Following the Grenfell Tower Inquiry’s final report in September 2024, the Prime Minister pledged to fast-track the remediation of unsafe buildings, signalling a strengthened focus on building safety. The Remediation Acceleration Plan (RAP) was consequently launched in December 2024 with an aim that by 2029: “all 18m+ (high-rise) buildings with unsafe cladding in a Government…
Read more5 December 2024
In our August 2024 article (Court of Appeal decides on JCT DB 2016 termination provisions), we reported on the recent Court of Appeal case, Providence Building Services Limited v Hexagon Housing Association Limited [2024] EWCA Civ 962. This case should act as a warning to parties that termination provisions, and the related notice requirements, always…
Read more5 December 2024
The concept of Defects under NEC contracts is central to the management of risks and liabilities related to the quality of works and services provided. The ethos of Defects in NEC contracts is rooted in the principles of mutual trust, flexibility, and clarity. In this article, we outline the key principles and mechanisms relating to…
Read more11 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 more4 November 2024
Back in July we took a look at what the King’s Speech had in store for the construction industry. We saw grand plans for boosting infrastructure and construction with planning reform and government-led initiatives like GB Energy. What we didn’t see at that point was the funding behind them – so what did the Budget…
Read more29 October 2024
Performance bonds and parent company guarantees (“PCG”) are a means of protection for an employer against non-performance by a contractor in carrying out works under a building contract. There are various ways in which an employer to a building contract can secure the performance of the appointed contractor. In this article, we consider performance bonds…
Read more23 October 2024
Various different NEC payment mechanisms are used across the construction industry and all standard forms of construction contract include different payment mechanism options. The three most commonly used payment mechanisms are fixed price, target price, and cost reimbursable, and there is a myriad of variants of each of these mechanisms. The NEC suite of contracts…
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