Legal

A case with big implications for collateral warranties

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Peter Vinden is chief executive of corporate advisory firm Gateley Vinden Conventional thinking on the rights of beneficiaries seeking redress under collateral warranties has shifted dramatically, following a landmark Court of Appeal judgement handed down in the case of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP on…

Slide rules: duties for directors of contractors in financial trouble

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Catherine Welch (left) is a partner in the construction and engineering team, and Tom Llewellyn a partner in the dispute resolution team, at law firm RWK Goodman With the government’s COVID-19 furlough scheme and other forms of support now long gone, contractors near the edge of a financial precipice are…

Navigating building liability orders

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Tim Claremont (left) is a partner and Gavin Hoccom is a senior associate at law firm Browne Jacobson The Building Safety Act 2022 received Royal Assent at the end of April. The government has described its contents as “the biggest changes to building safety regulation in a generation”. For once…

The Building Safety Act: a golden opportunity for construction

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Gareth Lewis is chief executive of Mace Construct In April, we saw the most significant piece of legislation affecting the UK construction industry in a generation become law – the Building Safety Act. While the 262-page act represents a challenge to an industry that can sometimes be slow to evolve,…

Time to check your new duties under the Building Safety Act

Carolyn Davies of Charles Russell Speechlys

Carolyn Davies is an associate at law firm Charles Russell Speechlys Now that the Building Safety Act 2022 has arrived, stakeholders need to understand what changes will be affecting the construction industry, and when. The act stands at 256 pages but there is more to come, as further ‘meat’ will…

IR35 still lacks clarity one year on, but construction is adapting

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Ryan Dawson is IR35 programme manager at insurance broker Kingsbridge  When IR35 tax reforms came into force in April 2021, several construction firms introduced blanket bans on the use of contractors classed as personal service companies (PSCs). Given that the industry has a long and well-established history of engaging successfully…

Building Safety Act’s competency requirements will boost industry

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Adam Nicholson is group pre-construction director at McLaren Construction One area of the Building Safety Act with obvious potential to transform the character of the construction industry is the competency requirement placed on site operatives. The Hackitt Review described a fragmented industry of competing competency frameworks, and installers failing to…

The Arbitration Act 1996 is being freshened up

Theresa Mohammed and Laura Lintott of law firm Trowers & Hamlins

Theresa Mohammed is a partner and Laura Lintott is a senior associate at Trowers & Hamlins LLP The Arbitration Act 1996 reform is in full stride and on its way. On 30 November 2021, the Law Commission announced that it will begin the process of reviewing the Arbitration Act 1996…

Clarity on JCT time limits after termination and insolvency

Rhys Jones, CMS

Rhys Jones is an associate in the London office of law firm CMS A recent judgement in the case of Levi Solicitors LLP v Wilson & Anor has provided fresh clarity on the implications of time limits under a popular JCT standard contract. The JCT Minor Works contact provides a…

Can contract terms cope with rising cost uncertainties?

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Stacey Cassidy is a partner at UK law firm TLT The construction industry is feeling the heat from rising material costs now more than ever, with the impact of Brexit, the coronavirus pandemic, labour shortages and now inflation. The Bank of England’s warning that inflation is set to reach a…