Sun reflecting on RPC building.

Real estate and built environment

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Court of Appeal's opinion on good faith clauses

11 April 2013

In our February blog we reported on Compass Group UK and Ireland Ltd (trading as Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB) and the implications of the decision on the duty to act in good faith.

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Costs overruns in Target Costs contracts

22 March 2013

Who is liable for costs overruns in a Target Cost contract, and to what extent? AMEC Group recently went to the TCC to appeal against an arbitration decision which found the Secretary of State for Defence ("the Authority") would only be liable for actual costs which were reasonably and properly incurred.

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NPPF – 1 year on: smooth transition or wasted opportunity?

21 March 2013

Given that over 50% of Britain's local councils are still to adopt Local Plans, is the window of opportunity for local residents to take control of development in their local area about to close?

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New Kids on the Block : alternative funders in the real estate lending market

15 March 2013

Over the last couple of years, there has been a surge in real estate lending by non-bank lenders as traditional banks started withdrawing from the market.

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What are the potential risks associated with BIM?

14 March 2013

This is the second of three blogs about Building Information Models, or BIM. This blog will consider the potential risks associated with BIM, but don't worry we provide some practical advice on how these risks can be tackled in our final BIM blog.

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Good Faith Clauses

26 February 2013

There is no general doctrine of good faith in English law and it is not therefore implied into contracts.

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Rights to Light Reform: Law Commission Consultation

20 February 2013

On 18 February 2013 the Law Commission announced that it was beginning a consultation process regarding possible changes to the law governing "rights to light".

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JCT Insurance Options: what's the right fit for fit-out?

18 February 2013

Where a tenant is fitting out premises within a multi-occupied building, the JCT's standard insurance options are not always appropriate and, left unaddressed, place unintended and severe risks on the tenant.

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Government property, Kirstie and Phil style?

01 February 2013

Ok, so Ms Allsopp and Mr Spencer haven’t quite been called in yet, but almost.

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The End of the British High Street?

31 January 2013

2012 was a hard year for the retail sector but 2013 is shaping up to be an even tougher year for High Streets in the UK.

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Is the Green Deal a great deal?

29 January 2013

There is no denying the Green Deal has many advantages but consider the deal in relation to short term leases and it may not be as great as it initially seems.

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Permission to appeal denied in Walter Lilly v Mackay

29 January 2013

Permission to appeal was refused on 24 January 2013 in the case of Walter Lilly and Company Limited v (1) Giles Patrick Cyril Mackay (2) DMW Developments Limited.

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NEC3 Engineering and Construction Contract "Guidance Notes": more important than you realise for interpreting the ECC

18 January 2013

Certain terms of the NEC3 Engineering and Construction Contract ('ECC') are open to interpretation, and the recent case of E-Nik Ltd v Department for Communities & Local Government [2012] EWHC 3027 (Comm) has cast into doubt whether even something as routine as VAT is crystal-clear under the ECC.

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Development incentives – but at what cost?

14 January 2013

In light of what is starting to appear to be a wholehearted failure to persuade local communities to meet requisite housing targets, Nick Boles last week proposed self-proclaimed "bungs" to local communities.

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Will Planning Performance perform?

13 December 2012

On 22 November 2012, the Department for Communities and Local Government (DCLG) published a consultation entitled 'Planning performance and the planning guarantee' setting out, amongst other things, how the Growth and Infrastructure Bill's proposals to enable planning applications to be made directly to the Planning Inspectorate (PINS) would operate.

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Leaving customers without signal: the task of re-building the Telecoms Code

05 December 2012

Now almost 30 years old, the Electronic Communications Code (the 'Code'), falls far short of representing the needs of a swiftly developing communications network.

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H&M: Brave New World?

27 November 2012

We have all been involved in lease negotiations where there are differences of opinion as to what is or is not institutionally acceptable.

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End of the line for Village Greens?

14 November 2012

Nothing can be more frustrating for a developer to see its scheme delayed or worse still derailed by an application for the registration of land as a town or village green ("TVG").

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Rights of Light

23 October 2012

Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.

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Building Information Modelling

25 January 2012

This is the first of three blogs about Building Information Models, or BIM. This blog will explain what a BIM is and why it is significant. We will then look at the risks associated with BIM; finally, we will provide some practical advice on how these risks can be tackled.

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