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Gordon Chan

Supreme Court rules collateral warranty is not a construction contract

The Supreme Court of the United Kingdom has handed down a significant judgment for the construction industry earlier today (9 July 2024)....

09/07/24
Anna Dyde

Pay now, argue later! How far does that concept go under the Construction Act?

‘Pay now, argue later’.  It is often said that is the nature of the payment and adjudication procedures in the Housing Grants,...

12/01/24
Lydia Robinson

Liquidated Damages, The Triple Point Case, and the New JCT

The Joint Contracts Tribunal (JCT) has released its new Design and Build Contract 2024. A new clause (2.29.5) relating to liquidated...

04/06/24
Will Scott

What is a sustainable building?

Everyone uses the term, but what is truly expected of a “sustainable building” in 2024? William Scott looks at key qualities required. A...

28/08/24
Elizabeth Thomson

When is a collateral warranty not a construction contract?

By Victoria Kempthorne In Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2021] EWHC 2110,...

26/08/21
Natalie Cane

New JCT 2024 – Sustainability / ESG

The new JCT Design and Build contract, 2024 edition has been released, and as we have seen, there have been a number of updates to the...

06/06/24
Irwin Mitchell

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25

A case comment by Zoe Williams and James Mapley The Supreme Court has unanimously allowed Bresco’s appeal to determine that where...

19/06/20
Bella Kagoma

The Building Safety Act 2022 and how it impacts commercial properties

The Building Safety Act 2022 (“the Act”), which received Royal Assent on 28 April 2022, is being brought into force in stages. The Act...

20/09/23
Gordon Chan

Taking a Risk with the Contract? The Good Faith Provisions in JCT DB 2024

This article is part of Irwin Mitchell’s “thought pieces series” on the JCT Design and Build Contract 2024 (DB 2024), by members of the...

05/06/24
Joanna Preece

RAAC – what are the implications for schools?

On 31 August 2023 the Department for Education (“DfE”) announced that schools and colleges with reinforced autoclaved aerated concrete...

03/10/23
Nicola Gooch

Micro Homes & Straw Houses: Alternative Methods of Construction Hit the News

Solving the housing crisis is undoubtedly a difficult thing to do, which might be one of the reasons why there has been so little...

01/09/17
Victoria Kempthorne

New JCT Design and Build Contract 2024 published

Last week the JCT published the long-awaited new design and build contract, the first of the new suite of 2024 JCT contracts. In this...

22/04/24
Elizabeth Thomson

Slip and Slide: two lessons from Adjudication

Construction expert, Ben Couldrey, considers the decision of the Technology and Construction Court on 18 December 2020 in Aqua Leisure...

02/03/21
Irwin Mitchell

Time to Take Note - MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC) by Ben Couldrey and James Mapley

In MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC), the TCC provided a useful illustration of...

23/06/20
Nicola Gooch

We Need to Talk: s.106 Agreements, CIL Payments & Stalled Sites

There is a lot for developers to think about right now. Everything from the availability of building supplies, to force majeure clauses...

30/03/20
Elizabeth Thomson

Building Safety Bill - beware longer limitations

This article, by Natalie Cane, first appeared in Architecture Magazine Claims under contracts can only be commenced within a certain time...

14/10/21
Irwin Mitchell

Chinese Walls Come Tumbling Down - A v B [2020] EWHC 809 (TCC)

It is well established that an expert acting in a dispute owes a duty to the tribunal to provide evidence that is impartial and...

14/04/20
Claire Petricca-Riding

Environmental news update - 2 August

Welcome to the latest edition of our weekly Environment Law news update. As ever, we bring you developments, insights, and analysis in...

02/08/24
Nicola Gooch

Expectation Management: Labour, planning reform and the state of things as they are

According to recent press reports in The Times and The Guardian, Labour will unveil the next piece in it's planning reform agenda on...

29/07/24
Joanne Moseley

Direct Line ordered to pay menopausal employee £65,000 after failing to adjust its performance management processes

At what point can you raise legitimate concerns with an employee whose performance has declined due to menopausal symptoms? What...

05/09/23
Joanne Moseley

Knowledge and disability: what should you do if you find out someone is disabled after you've dismissed them?

Most disability discrimination claims are brought under section 15 of the Equality Act 'discrimination arising from disability' and...

22/11/21
Joanne Moseley

Government abandons legislation that would have protected workers from third party harassment

Under our current laws, it can be difficult for workers to bring successful claims against their employers for harassment they experience...

20/07/23
Elizabeth Thomson

Adjudication: ‘the good can and should be severed from the bad’

A dispute over the late completion of a hotel in Shoreditch has resulted in another significant judgment on the status of adjudication....

29/07/19
Irwin Mitchell

Construction sneezes - does the economy get a cold?

I'm a lawyer, not an economist (and so part of the burgeoning service sector growth!), but I cannot help but be worried by the continued...

27/10/15
Elizabeth Thomson

What’s in a name? Disputes and dismissed claims

When disputes arise regarding the developer of any given project, it can lead to dismissed claims if all names don’t align. Micah Hall, a...

16/06/21
Nicola Gooch

Decisions, Decisions: Hillside in the High Court and Flood Risk in the Court of Appeal

Yesterday was a good day for Planning Court enthusiasts. It provided us with two fascinating judgments from the Royal Courts of Justice. ...

18/01/24
Elizabeth Thomson

The Importance of defining disputes

By George Mills, Paralegal at Irwin Mitchell LLP  The case of Empyreal Energy Ltd v Daylighting Power Ltd [2020] EWHC 1971 (TCC)...

08/09/20
Elizabeth Thomson

Insolvency and adjudication: Bresco, Primus et al

Adjudication by a company in liquidation where there are cross-claims is possible but futile; companies in a CVA may be in a better...

11/02/19
Nicola Gooch

Innovation and Planning: can the planning system adapt to 3D Printed Houses?

There has been a lot of discussion recently about new methods of construction, from modular, factory led methods of construction to...

06/07/18
Nicola Gooch

DCLG's New Year's Resolution: Build More (Starter) Homes

It is the first working day of 2017 and already we have two announcements from DCLG - both of which are centred on delivering housing....

03/01/17