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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).
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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?
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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).
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Oct 23, 2024 | 
mondaq.com | Sue Ryan |Sean Garbutt
In the spring, the previous Conservative Government published
the Leasehold and Freehold Reform Bill (the
"Bill") which we reported on in our
previous insight: Leasehold and Freehold Reform Bill.
The Bill subsequently became the Leasehold and Freehold Reform
Act (the "Act"). Indeed, it was one of
the few pieces of legislation that made it through the final
"wash-up" before the proroguing of Parliament prior to
the General Election, receiving Royal Assent on 25 May 2024.
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Sep 17, 2024 | 
mondaq.com | Sean Garbutt |Sue Ryan |Gemma Whittaker
GW
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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.
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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.
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Mar 26, 2024 | 
mondaq.com | Sue Ryan |Gemma Whittaker |Emma Knight
The Building Safety Act 2022 (BSA) has introduced a more
stringent regulatory regime for the design and construction of
higher-risk buildings (HRBs) overseen by the Building Safety
Regulator (BSR).
As we reported in our previous article on the new regulations
implementing the building control regime, this new regime came
into force on 1 October 2023.
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Jan 25, 2024 | 
mondaq.com | Sue Ryan |Annie O'Sullivan
The Building Safety Act 2022 (BSA) – together with the
extensive secondary legislation made under the BSA
– has brought the overhaul of the building safety regime in
England, and to some extent also in Wales, into sharp focus in the
past 18 months. Only limited parts of the BSA (such as
those relating to construction and cladding products) apply in
Scotland. Many of the issues covered by the BSA are
devolved matters which the Scottish Parliament addresses via
legislative action in Scotland.
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Dec 13, 2023 | 
mondaq.com | Sue Ryan |Sarah Dyer |Sean Garbutt |Brett Mason
The Upper Tribunal (Lands Chamber) (the
"UT") has recently handed down a
judgment in Adriatic Land 5 Limited -v- The Long Leaseholders
at Hippersley Point ("Hippersley
Point") which considers the effect of paragraph 9 of
Schedule 8 to the Building Safety Act 2022 (the
"BSA") and provides some further useful
clarity on its interpretation in the context of building safety
cases.
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Sep 14, 2023 | 
mondaq.com | Sue Ryan |Sean Garbutt |Adain Bailey |Emma Knight
The First-tier Tribunal (FTT) has granted the
first Remediation Order under the Building Safety Act 2022
(BSA) against Kedai Limited, freeholder and
landlord of 2 – 4 Leigham Court Road.
Together with Remediation Contribution Orders, Remediation
Orders form part of what are collectively referred to as the
"leaseholder protections" established by the BSA.
