Construction

Does it matter if "the price is right"?

Published on 16 December 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.

The Week That Was - 10 December 2021

Published on 10 December 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 3 December 2021

Published on 03 December 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 26 November 2021

Published on 26 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 19 November 2021

Published on 19 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 12 November 2021

Published on 12 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 5 November 2021

Published on 05 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 29 October 2021

Published on 29 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 22 October 2021

Published on 22 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Construction Contracts Part 1 – Who is party to the contract?

Published on 11 October 2021. By Alan Stone, Partner and Tom Green, Partner

It may at first sight appear difficult to imagine a scenario where works are performed and paid for but it is not clear who the parties to the contract are. Common sense would suggest that is simply the person or company who performs the work and the person or company who pays for it. However, it is not always readily discernible who those parties are, for example because payment is being made by a person or company who is not obtaining the benefit of the works or because a different party appears to be giving directions under the contract.

The Week That Was - 8th October 2021

Published on 08 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 1 October 2021

Published on 01 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 24 September 2021

Published on 24 September 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 17 September 2021

Published on 17 September 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Sanctions and next steps

Published on 17 September 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

Further to our previous articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Hearing, this final article considers the sanctions the PCC can impose and briefly considers what steps can be taken if an unfavourable decision is reached.

The Week That Was - 10 September 2021

Published on 10 September 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Building Safety Bill – time for property managers to prepare

Published on 07 September 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The way high-rise buildings are managed in this country is changing.

The Week That Was – 3 September 2021

Published on 03 September 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 27 August 2021

Published on 27 August 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

New RICS guidance for valuers - Another step in the right direction for valuers

Published on 27 August 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

RICS has produced a Guidance Note for the valuation of residential leasehold properties for secured lending purposes, aimed at providing valuers with a best practice guide when undertaking valuations in what has been a turbulent sector over the last 5 years.

The Week That Was – 20 August 2021

Published on 20 August 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Building Safety Bill – a welcome change?

Published on 16 August 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

Following the Grenfell tragedy on 14 June 2017, the Government appointed Dame Judith Hackitt, former Chair of the HSE, to undertake an independent review of building safety in high-rise buildings. Dame Judith commented that the current system is "far too complex" and "lacks clarity as to who is responsible for what" with "inadequate oversight and enforcement". She wanted her recommendations to form the foundation of a clearer, simpler and more robust approach to the building and management of high-rise residential buildings. Her report was published in May 2018.

The Week That Was – 13 August 2021

Published on 13 August 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Fire Safety Act 2021: Clarification for the Responsible Person

Published on 09 August 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.

The Week That Was – 6 August 2021

Published on 06 August 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.

Architect receives 12 month suspension over "ugly duckling" home cinema design

Published on 06 August 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate and Emrys Moore, Associate

Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.

The Week That Was - 30 July 2021

Published on 30 July 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 23 July 2021

Published on 23 July 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Knot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed

Published on 19 July 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.

Disciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect

Published on 18 June 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.

New RICS Guidance for Risks, Liability and Insurance April 2021

Published on 18 May 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.

Fire safety – at last, some welcome news for surveyors

Published on 15 April 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.

The RICS key to unlock the market?

Published on 09 March 2021. By Alexandra Anderson, Partner

In December 2019, the RICS launched a new form, the EWS1, to assist with the process of valuing properties within all residential buildings over six storeys (18 metres). In the wake of the Grenfell Tower tragedy, lenders were needing to understand whether materials used for cladding/insulation were safe and would require remediation at a cost that would have impact on the value of the property. The EWS1 form was intended to provide a quick route to ascertain whether works were required that might have an impact on value.

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 16 February 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

The Week That Was - 27th November 2020

Published on 27 November 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 13 November 2020

Published on 13 November 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 6th November 2020

Published on 06 November 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

The week that was - 30th October 2020

Published on 30 October 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 23rd October 2020

Published on 23 October 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Building on renewable energy #3 – Anaerobic Digestion

24 September 2020

Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.

Health and Safety Bulletin – June 2020

01 July 2020

Welcome to the latest edition of our Health and Safety update.

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 April 2020. By Sarah O'Callaghan, Senior Associate

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.

Building on renewable energy #2 - Wind power

05 March 2020

Wind power is, unsurprisingly, generated by wind (typically as little as a light breeze) passing over and turning the turbine's blades. The blades are connected via a shaft and gearbox to a generator, which converts the kinetic energy into electrical energy. A transformer then increases the voltage of the generated energy to enable transmission to the grid.

Disciplinary investigations against architects #3 – The review stage

Published on 24 February 2020. By Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate

Further to our previous two articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage we explain the next stage of a disciplinary investigation against an Architect, the review stage.

Disciplinary investigations against architects #2 - Complaints to the ARB

Published on 23 January 2020. By Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate

Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.