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Construction and engineering blog

Our construction and engineering blog offers updates and commentary on the latest legal news affecting those working in the construction and engineering industry.

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403 items

08 Jan 2025

5 mins

Remediation Order under s123 of the Building Safety Act 2022

The First Tier Tribunal (the “Tribunal”) has made a Remediation Order pursuant to s123 of the Building Safety Act 2022 (“BSA”) in respect of 8 Artillery Row, London, against the Respondent freeholder/landlord in favour of the Applicant leaseholders. s123 of the BSA gives the Tribunal a power and discretion to make a remediation order on the application of an “interested person”, requiring a “relevant landlord” to remedy specified “relevant defects” in a specified “relevant building” by a “specified time”.

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20 Dec 2024

5 mins

Providence v Hexagon: Contractor termination under JCT - permission granted to appeal to the Supreme Court

Hexagon Housing Association Limited has been granted permission to appeal to the Supreme Court in relation to its ongoing dispute with Providence Building Services Limited.

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18 Dec 2024

2 mins

CMA investigates potential anti-competitive behaviour in supply of roofing and other construction services to schools

On 11 December 2024, the Competition and Markets Authority (CMA) announced that it has started an investigation into potential anti-competitive behaviour, which may breach the prohibition in Chapter 1 of the Competition Act 1998. It is investigating potential bid-rigging in the supply of roofing and other construction services to schools which are eligible to apply for funding from the Department for Education's Condition Improvement Fund (CIF).

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13 Dec 2024

2 mins

JCT DB 2024: Notable changes impacting dispute resolution

With the introduction of the JCT Design and Build 2024, we have seen material changes to the dispute resolution provisions which have an impact on how parties approach resolving disputes.

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06 Dec 2024

3 mins

Building safety: Remediation Acceleration Plan announced

The Remediation Acceleration Plan includes the registration of residential buildings over 11 metres in height, a requirement for those responsible for undertaking the remedial works required to disclose their beneficial ownership and the introduction of a building safety levy for all new residential buildings in England in the Autumn 2025.

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04 Dec 2024

1 min

Building safety: Considerate Constructors Scheme acquires Building a Safer Future programme

Dame Judith Hackitt's “Independent Review of Building Regulations and Fire Safety” was published on 17 May 2018 (a year after the Grenfell Tower fire tragedy on 14 June 2017).

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21 Nov 2024

2 mins

JCT 2024: Understanding the JCT D&B 2024 Fluctuation Provisions

The JCT 2024 suite of contracts has introduced several updates to reflect the evolution of the construction industry. One specific area of change has been to the fluctuation provisions

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19 Nov 2024

1 min

English Arbitration Bill’s third reading in House of Lords

The Bill to amend the Arbitration Act 1996 (Arbitration Bill) has passed its third reading in the House of Lords, and the Arbitration Bill will now proceed to the House of Commons to be considered.

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14 Nov 2024

2 mins

Product Safety Review consultation and next steps

The government’s response to the Product Safety Review consultation on the reform of product safety.

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05 Sep 2024

6 mins

JCT D&B 2024 - Building Safety

As part of our series on the recently published JCT Design and Build Contract 2024 Edition (JCT D&B 2024), this blog looks at the approach adopted in relation to the Building Safety Act (BSA) and the changes due to the ongoing implementation of secondary legislation, in respect of the building regulations (BRs).

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20 Aug 2024

2 mins

Termination by a contractor for a repeat default by an employer under the JCT Design and Build Contract

The Court of Appeal has handed down judgment in the case of Providence Building Services Limited v Hexagon Housing Association Limited. [2024] EWCA Civ 962. This case focuses on the interpretation of the JCT D&B 2016 termination provisions, in particular the meaning of clause 8.9.4, repeated specified defaults by the Employer.

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20 Aug 2024

1 min

JCT D&B 2024 Insurance and reinstatement

JCT D&B 24 introduces some subtle changes to the insurance provisions in the 2016 contract:

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08 Aug 2024

3 mins

JCT D&B 2024 design liability and fitness for purpose

In the JCT design & build 2016 contract, clause 2.17.1 is the duty of care for design.  The 2016 language is commonly amended to the market standard “reasonable skill and care to be expected of a professional undertaking work similar in nature, scope, location to the works”. In JCT 24 the clause has now been split in two:

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29 Jul 2024

2 mins

Future-proofing the JCT Design and Build Contract 2024; Sustainability and Environmental Considerations

As part of our series on the recently published JCT Design and Build Contract 2024 Edition (JCT D&B 2024), this blog looks at the sustainability and environmental provisions of the new contract.

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17 Jul 2024

2 mins

JCT Design and Build 2024: Modernisation and streamlining

On 17 April 2024 the Joints Contracts Tribunal (JCT) released the JCT Design and Build Contract (D&B) 2024 as part of  its 2024 edition of contracts. This contract was eagerly anticipated. This blog will cover two topics: modernisation and streamlining.

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09 Jul 2024

1 min

Collateral warranties - Supreme Court decides that usually no right to adjudicate under a collateral warranty

The Supreme Court has this morning (9 July 2024) handed down judgment in the case of Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct UK LLP)  The Court’s decision is a sensible and pragmatic one.

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24 Apr 2024

2 mins

JCT Design and Build 2024: an overview of the key changes

JCT has released its 2024 edition of the Design and Build contract (and sub-contract) with other forms to follow.

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21 Apr 2024

1 min

Building safety: Applying for a building assessment certificate

It has been announced that the Building Safety Regulator will start to require principal accountable persons of existing Higher-Risk Buildings to apply for a Building Assessment Certificate.

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