Insights
26th February 2024
Mistry and Ors v Wallace Estates Limited – remediation orders and a question of relevant defects
Case law is now starting to trickle through and currently, in the spotlight, are the First-tier Tribunal (FTT) cases concerning Remediation Orders (RO) and Remediation Contribution Orders (RCOs).…
Insights
23rd February 2024
Van Herpen v Green and Green – The provision of Gas Safety Certificates and associated Building Regulations Compliance Certificates
Background - Van-Herpen v Green and Green (2023) This case concerned a claim by a landlord for possession on the basis of an expired Section 21 notice. The…
Insights
21st February 2024
The FTT’s first decision on the identity of Accountable Persons – can a Tribunal appointed manager be an ‘Accountable Person’ under the Building Safety Act?
The Building Safety Act 2022 (BSA) is ripe for litigation in the context of both its meaning and effect. Canary Riverside (a bit like the BSA is expected…
Insights
5th February 2024
Triathlon Homes LLP v Stratford Village Development Partnership & others
In a significant case applying the Building Safety Act 2022 (“BSA”) the First Tier Tribunal (“FTT”) has made an £18 million contribution order against a developer, which includes…
Insights
29th January 2024
High Court provides clarification on JCT contractor termination rights and confirms dangers of getting it wrong
The recent High Court decision of Providence Building Services Limited -v- Hexagon Housing Association Limited [2023] provided clarification on a contractor’s right to terminate its employment under a…
Insights
10th November 2022
New Homes Ombudsman Service
The New Homes Ombudsman Service (‘NHOS’) has been introduced as part of changes brought in by the Building Safety Act 2022 (‘the Act’). Under the Act there is…
Insights
21st September 2022
Cladding claims and fire safety after Grenfell: first reported High Court judgment published
The first substantive claim concerning cladding defects on high rise buildings since Grenfell was handed down by the Technology and Construction Court on 14 July 2022 in the…
Insights
12th July 2022
When does the beneficiary of a collateral warranty have the right to refer a dispute to adjudication?
A recent decision heard in the Court of Appeal, in the case of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823, has overturned…
Insights
5th July 2022
Building Safety Act 2022 changes to the Defective Premises Act 1972 and the Building Act 1984
There have been many changes brought about by the Building Safety Act 2022 (“BSA”) to the way in which multi-occupancy buildings are occupied and constructed. One of the…
Insights
30th March 2022
Clarity on the External Wall System 1 (EWS1)
Following the introduction of the External Wall System 1 (“EWS1”) form in 2019, it is fair to say that confusion erupted across the residential property market. Building owners…