-
2 months ago | 
mondaq.com | Sue Ryan |Jessica Tresham |Louise Smith |Emma Knight
The Technology and Construction Court (TCC) has made the firstBuilding Liability Order (BLO) pursuant to section 130 of theBuilding Safety Act 2022 (BSA). The BLO was made in an ex tempore judgment in lateDecember 2024, following a consequential hearing in the case of 381 Southwark Park Road RTM Company Ltd & Ors vClick St Andrews Ltd & Anor [2024] (a transcript of theex tempore judgment is not yet available but is expectedto be published shortly).
-
Jan 21, 2025 | 
mondaq.com | Sue Ryan |Jessica Tresham |Emma Knight
Adjudication is a popular and widely used means of resolvingdisputes in the UK. The right of parties to construction contractsto refer disputes arising "under the contract" toadjudication, as mandated by section 108 of the Housing Grants,Construction and Regeneration Act 1996 (HGCRA), is wellestablished. But what is meant by the term "under" a contract? Isthis limited to claims for breach of the contract in question?
-
Dec 11, 2024 | 
gowlingwlg.com | Sue Ryan |Jessica Tresham |Louise Smith |Emma Knight
The Technology and Construction Court (TCC) has made the first Building Liability Order (BLO) pursuant to section 130 of the Building Safety Act 2022 (BSA). The BLO was made in an ex tempore judgment in late December 2024, following a consequential hearing in the case of 381 Southwark Park Road RTM Company Ltd & Ors v Click St Andrews Ltd & Anor [2024] (a transcript of the ex tempore judgment is not yet available but is expected to be published shortly).
-
Nov 29, 2024 | 
mondaq.com | Gemma Whittaker |Jessica Tresham |Emma Knight
GW
Gowling WLG
More
Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
-
Oct 1, 2024 | 
mondaq.com | Daniel Wood |Emma Knight
What is a mandatory expert determination clause? And will the
courts stay a claim and require parties to comply with such a
clause as an alternative to litigation/arbitration?
In Dandara South East
Ltd v Medway Preservation Ltd & Anor [2024], the High
Court considered the enforceability and scope of expert
determination clauses in construction contracts.
-
Jul 16, 2024 | 
mondaq.com | Jessica Tresham |Richard Green |Emma Knight
GW
Gowling WLG
More
Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
-
Jul 10, 2024 | 
lexology.com | Jessica Tresham |Richard Green |Emma Knight
The Supreme Court has handed down judgment in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP). The judgment brings welcome clarity to the question: is a collateral warranty a "construction contract" under Part II of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act), so as to give rise to a right to statutory adjudication?
-
Jun 7, 2024 | 
mondaq.com | Gordon Bell |Todd Burke |James Plotkin |Emma Knight
GW
Gowling WLG
More
Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
-
Jun 5, 2024 | 
lexology.com | Gordon Bell |Todd Burke |James Plotkin |Emma Knight |Kristina Dimitrov
In February 2024, the International Bar Association ("IBA") published an updated version of its Guidelines on Conflicts of Interest in International Arbitration (the "IBA Guidelines"). The IBA Council is expected to have ruled on the adoption of the 2024 IBA Guidelines at its meetings in late May 2024. In this article we summarise: what the IBA Guidelines are and when they are used; how the IBA Guidelines are structured; and some of the key changes in the 2024 update.
-
Apr 24, 2024 | 
mondaq.com | Sue Ryan |Sean Garbutt |Emma Knight
In Vainker & Anor v Marbank Construction Ltd &
Ors [2024], the Technology and Construction Court (TCC)
found the defendants liable under the Defective Premises Act 1972
(DPA) in respect of certain defects at a residential property.
In reaching her decision, Mrs Justice Jefford DBE made a number
of observations about factors that will be relevant when seeking to
establish a breach of the duty in section 1 of the DPA.
