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Timothy Willis

The art of interpretation in dispute resolution: Lessons from BDW Trading v Ardmore Construction

As a construction professional, I am certain that you have by now come across the judgment in BDW Trading Limited v Ardmore Construction...

20/03/25
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
Victoria Kempthorne

Mitigating the increased risk of insolvency in the construction industry

The UK construction sector is experiencing an increasing rate of insolvency, with recent data revealing that construction firms accounted...

21/11/24
Gordon Chan

Payment notices are red, payless notices are blue… but it’s the substance within that’s true!

According to King’s College London’s third construction adjudication report published in November 2024, the Technology and Construction...

13/02/25
Joanne Moseley

Managing opposing beliefs: what employers can learn from two recent cases

Most employers would consider themselves very unlucky to become embroiled in a tribunal claim arising from a staff meeting chaired by a...

20/03/25
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
Alex Delin

The Building Safety Levy

Following the 2017 Grenfell Tower tragedy, the Building Safety Act 2022 (the “Act”) was introduced to improve the design, construction...

17/03/25
Joanne Moseley

Does an employee have to exhaust the grievance procedure before they can claim constructive dismissal?

That was the issue the EAT had to decide in the case of Nelson v Renfrewshire Council. Facts Ms Nelson was a learning and support teacher...

09/10/24
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
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
Sanjida Begum

First Judicial Interpretation of Building Safety Act 2022: Key Ruling on Information Orders and Building Liability Orders

BDW Trading Ltd v Ardmore Construction Ltd & Ors [2025] EWHC 434 (TCC), published on 27 February 2025, provides the first judicial...

03/04/25
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
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
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
Nicola Gooch

Spring Forecast 2025: Labour plans to build its way to economic growth

Earlier today, the Chancellor delivered her Spring Statement and… well… let's just say that it caught me a little by surprise.  It is now...

26/03/25
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
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
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

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
Alexandra Addington

How do you protect your staff from parental aggression and abuse?

Teachers often choose their profession driven by a desire to positively shape and inspire future generations. However, they are...

09/04/25
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
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
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
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
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
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
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