5 September 2024 Blog 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) Share this article Bookmark this page 6 min read
20 August 2024 Blog 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. Share this article Bookmark this page 2 min read
20 August 2024 Blog JCT D&B 2024 Insurance and reinstatement JCT D&B 24 introduces some subtle changes to the insurance provisions in the 2016 contract: Share this article Bookmark this page 2 min read
8 August 2024 Blog 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: Share this article Bookmark this page 4 min read
29 July 2024 Blog 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. Share this article Bookmark this page 3 min read
17 July 2024 Blog 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. Share this article Bookmark this page 2 min read
12 July 2024 Insight Operation of the Building Safety Fund The Court of Appeal has provided a helpful analysis of the guidance for the Building Safety Fund (BSF), which does not require pursuit of third parties to a point of exhaustion before an application for funding can be made. Bookmark this page 6 min read
9 July 2024 Blog 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. Share this article Bookmark this page 2 min read
14 June 2024 Insight Court guidance on Defective Premises Act 1972 The Technology and Construction Court (TCC) has recently provided useful guidance and analysis of issues that can possibly arise in claims brought under the Defective Premises Act 1972 (“DPA”). Bookmark this page 5 min read
16 May 2024 Insight The Building Safety Act 2022 : Update on key issues for litigators In November 2022, Alison Garrett wrote a three-part series of articles for litigators about the Building Safety Act 2022, which had been enacted earlier that year. Eighteen months later, what does the position look like for litigators? Bookmark this page 6 min read
24 April 2024 Blog 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. Share this article Bookmark this page 3 min read
21 April 2024 Blog 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. Share this article Bookmark this page 2 min read