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Are Collateral Warranties Construction Contracts? Timing is Key.

The recently decided case of Toppan v Simply[1] has provided guidance on when collateral warranties may be considered “construction contracts” under the Housing Grants, Construction and Regeneration Act 1996 (the Act) and so give the warranty holder the right to adjudicate.

Background

Simply was engaged in 2015 under a JCT Design and Build Contract to construct a care

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Climate emergency or climate catastrophe?

How can central & local government departments and councils work together more effectively to combat the challenges to achieve net zero by 2050?

Sadly, we only have to watch the news to see that Planet Earth is now suffering from the ravages of climate change: floods in China, raging forest fires across Canada and much of the West Coast of

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Scenario Two: Adverse Weather

During a week of gale-force winds, a Contractor and an Employer verbally agree that works on a high-rise building should be halted for a week.

The disruption causes knock-on delays and, one week before the project’s Date for Completion, the Employer receives two letters from the Contractor:

  1. A notice requesting an Extension of Time to complete the works; and
  2. A
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Judicial Review and Courts Bill

The Judicial Review and Courts Bill was introduced to the House on 21 July 2021. The Bill follows the Independent Review of Administrative Law (IRAL), which reported in January 2021, and the Government’s subsequent consultation on Judicial Review Reform earlier this year, and seeks to reform judicial review.

The first substantive reform, and one of the recommendations of the IRAL

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Big Problems Need Radical Solutions – Time to Play Monopoly with District Heating?

Climate Emergency

“We are in a climate emergency”.

While true, this is a very fashionable phrase at present amongst legal and political professionals. It is so often used that there is a risk that it begins to lose all meaning. A few facts worth reciting to remind us all just how real the climate emergency we face is:

  • We will
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Liquidated Damages and Termination

On 16 July 2021, the Supreme Court handed down its long-awaited judgment in the case of Triple Point Technology vs PTT Public Company Limited[1].  This important decision for the construction industry has confirmed the accepted position that while liquidated damages (LDs) cease to accrue on termination any accrued rights to LDs survive termination.

As a reminder, LDs are

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