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Article
Collateral warranties and the ability to adjudicate
This article details a highly anticipated Supreme Court judgment for the construction industry, which provides clarity for the use of adjudication under collateral …
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Article
Judicial Review of Building Safety Fund decision: Redrow v DLUHC
We consider a Court of Appeal decision which provides key Building Safety Fund updates around the involvement of third parties, including insurers, and the implicat…
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Article
Are you ready for yet more changes to the Building Regulations?
The new Dutyholder Regime under the Building Regulations has arrived via the Building Safety Act 2022. The new regime will have a major impact on construction proje…
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Article
How the role of a Responsible Person will change from 1 October 2023
Changes to the long-standing Regulatory Reform (Fire Safety) Order 2005 duties will place greater reporting and accountability expectations on developers, as well a…
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Article
Building Safety Act 2022: Clarification on developer’s ability to recover remedial costs
A recent Court of Appeal decision provides some important clarifications for developers on whether and when they are able to recover losses incurred in rectifying d…
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Article
More changes to the BSA affecting Gateway 2
The Government has announced three more important changes to the Building Safety Act which apply to new apartment buildings over 18m.
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Article
Adjudication enforcement: to challenge, or not to challenge?
The TCC has adopted a robust attitude to the enforcement of adjudicators’ decisions and will generally enforce any decision made by an adjudicator who had jurisdict…
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Article
The Building Safety Act 2022: Government publishes draft regulations for the Responsible Actors Scheme
On 25 April 2023, the Government published draft regulations governing a Responsible Actors Scheme for residential developers which are anticipated to be brought in…
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Article
How the Government’s developer remediation contract will affect developers
The Department for Levelling Up, Housing and Communities has imposed an ultimatum for developers to sign up to their developer remediation contract and threatened t…
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Article
Cladding and fire safety defect claim: LDC (Portfolio One) Ltd v (1) George Downing Construction Ltd and (2) European Sheeting Ltd
In this insight, we discuss what is only the second reported cladding case since the Grenfell Tower tragedy, illustrating the commitment of the courts to deal with …