News - Wedlake Bell

Building Safety Act

BSA – THE FINAL COUNTDOWN?

For the Building Control position from I October 2023 in the light of the Regulations published in August 2023, please see our Building Safety Update Sept 2023. October 1 2023 is … Read more →

News

RESIDENTIAL DEVELOPERS-THE RESPONSIBLE ACTORS SCHEME

The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (“the RAS Regulations”) to establish the Responsible Actors Scheme (“RAS”) for residential developers has become law as of 3 July 2023 … Read more →

Building Safety Act

Construction Products and materials – testing & safety

The Government has recently published a report by Paul Morrell OBE and Anneliese Day KC titled “Testing for the Future – An Independent Review of the Construction Products Testing Regime“.… Read more →

News

Managing Construction Price Inflation – part 3

Below is the third and final entry in this series. For reference, Part 2 can be found here and Part 1 here. Can I lawfully terminate a contract if inflation makes it commercially … Read more →

News

Managing Construction Price Inflation – part 1

The construction industry has had to mitigate the effects of Brexit and COVID-19 and is now beset with additional inflationary pressures in the wake of the war in Ukraine. This … Read more →

Building Safety Act

Building Safety Act 2022 (BSA) implementation – where are we now?

2023 has been cited as the “delivery year” for the BSA which received Royal Assent in April 2022 and there is an ambitious programme for its implementation this year. The … Read more →

News

Compliance with Building Regulations – absolute or subject to reasonable skill and care?

Following the important decision in Martlet Homes Ltd v Mulalley & Co Ltd [2022] (see our summary here), LDC (Portfolio One) Ltd v George Downing Construction Ltd and European Sheeting Ltd [2022] EWHC 3356 … Read more →

Building Safety Act

Government signals first use of new powers under the Building Safety Act 2022

The Building Safety Act 2022 has introduced new powers in relation to building remediation which came into force on 28 June 2022. These powers can be used to require landlords, developers and … Read more →

News

Managing Construction Price Inflation – part 2

Below is Part 2 in this series. Part I can be found here and an earlier post regarding commercial steps that developers can consider to ameliorate the worst effects of inflationary pressures … Read more →

News

Contractual Issues Arising from the National Mourning Period

On behalf of their members Build UK asked our construction team for general advice on the effect of mourning for the Queen and funeral Bank Holiday on building contracts. With … Read more →

News

Some clarity on defective cladding claims?

There has been a significant decision from the Technology and Construction Court in Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (14 July 2022) which will be highly … Read more →

News

Wedlake Bell: Multiple Appointments – New Law Journal

Pleased to share the appointment of Adam Betts (IP and Commercial), Harriet Forster (Commercial Property), Brad Fearn (Construction), Natalie Pilagos (Construction) and Lindy Day (Projects and Infrastructure) as Partners has … Read more →

News

Ukraine conflict, rising costs and claims?

I am pleased to have contributed to this insightful article in Building Magazine on the potential for contractual claims for delays and costs arising from the impact of the Ukraine … Read more →

News

WEDLAKE BELL PROMOTES FIVE NEW PARTNERS

Wedlake Bell is pleased to announce the appointment of Adam Betts (IP and Commercial), Harriet Forster (Commercial Property), Brad Fearn (Construction), Natalie Pilagos (Construction) and Lindy Day (Projects and Infrastructure)… Read more →

Bulletins

Cartels and Cover Pricing

1. What is a business cartel and what are cartel activities? A cartel exists when rival businesses agree to act together instead of competing. This agreement is usually secret and … Read more →

News

Works in progress – Law Gazette 08/04/2019

The article was originally published by The Law Society Gazette on 8 April 2019. Commercial property spans an ever wider range of legal work – from leasing office and retail … Read more →

News

Employer entitled to challenge the ‘true value’ of interim application

Employer entitled to challenge the ‘true value’ of interim application to overcome “smash and grab” adjudication Grove v S&T. Grove Developments Ltd v S&T (UK) Limited [2018] EWHC 123 (TCC)… Read more →

News

Are you sure you’re insured?

Project insurance may secure a project, but contractors at any level should look to their contracts before relying on such policies. Haberdashers’ Aske Federation Trust v Lakehouse Contracts [2018] EWHC … Read more →

News

Obtaining planning permission and conservation area consent – employer’s implied obligations?

Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490 In a recent case, the Court of Appeal implied a term into a building contract to the effect that … Read more →

Tear up the blueprints: Planning and funding Tomorrow’s City

We had three fantastic panellists: Peter Cosmetatos from the Commercial Real Estate Finance Council, Victoria Hills from Old Oak & Park Royal Development Corporation and Stefan Webb from Future Cities … Read more →

Bulletins

An age old warning: get your pay less notices right or expect to pay-up. And don’t serve on a Friday!

Kersfield Developments (Bridge Road) Limited v Bray & Slaughter Limited [2017] EWHC 15 (TCC) In this enforcement case it was decided by an adjudicator that the employer, Kersfield, must pay … Read more →

Bulletins

Can you stop an adjudication in its tracks? Not likely … unless the referring party has acted unreasonably and oppressively

Jacobs UK Ltd v Skanska Construction UK Ltd [2017] EWHC 2395 (TCC) The case concerned an application by Jacobs against Skanska for an injunction to stop Skanska from proceeding with … Read more →

Bulletins

Don’t Budget on Responsibility: Architects must consider costs

Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 Background Mr Dhanoa of Riva Properties Ltd, engaged Fosters, the internationally renowned architects, to design a five … Read more →

Bulletins

The Dangers of Mixing Business and Friendship… Professionals Beware!

Burgess v Lejonvarn [2017] EWCA Civ 254 Background Mrs Lejonvarn, an American qualified architect, was a friend and former neighbour of the Burgesses, who intended to carry out landscaping works … Read more →

Bulletins

Sectional Completion – are you sure your liquidated damages will be enforceable in the event of delay?

Having gone to the lengths of negotiating a building contract with sectional completion, it is key that the technical description explaining which part of the works are included in each … Read more →

Bulletins

Reasonable skill and care or fitness for purpose? The devil is in the detail.

Introduction The extent to which a design and build contractor should be held responsible for a construction project achieving (or failing to achieve) a particular performance output is an issue … Read more →

Bulletins

Smash and Grab Adjudications – Is there hope for Payors?

“Smash and grab” adjudications may get you some short term cash but beware of the payor’s right to seek a proper valuation of the works and recover overpayments in subsequent … Read more →

Bulletins

Assignment by way of security – beware of giving away more than you bargained for

Background Assignment by way of security is a concept that comes up on many construction projects; typically as a condition of providing finance a funder will require an assignment by … Read more →

Bulletins

Is a pay less notice really necessary to contend payment following termination of a contract?

Is a pay less notice really necessary to contend payment following termination of a contract? Yes says the Court of Appeal In Adam Architecture Ltd v Halsbury Homes Ltd [2017]… Read more →

Bulletins

Awash with supply?

What business consumers need to know about changes to the water supply market. What is happening? From 1 April 2017, business consumers have been able to choose their water supplier … Read more →

Tomorrow's City

Building a connected tomorrow’s city

Global cities are revaluating their physical infrastructure priorities as they come to terms with the reality of rising densification, increasing usage and demand, and a new risk landscape. Looking ahead … Read more →

Bulletins

Consequential loss – a new approach?

The recent Commercial Court case of Star Polaris v HHIC-Phil has emphasised the risks of excluding liability for “consequential loss” under a contract. The case has cast doubt over the … Read more →

Tomorrow's City

Regulation has a key role to play in infrastructure improvement

According to the McKinsey Global Institute, the world needs to invest $3.3trn (£2.5trn) in infrastructure annually up to 2030. Click here to view the full article published in Property Week

Tomorrow's City

Each to their own

The demand for owning assets is changing with rapid shifts in commercial cultures. Claire Haynes and Helen Garthwaite ask how landlords can keep up. Click here to view the full … Read more →

Bulletins

Purchasing a site with planning permission? Buyer Beware! Dangers of copyright infringement for property developers

If you are purchasing a site with planning permission, don’t forget to consider the copyright implications, otherwise you could face a costly damages bill and even have your development stopped … Read more →

Bulletins

Breaking up

The Winter 2017 In Counsel featured the first article in our three part series on the issues surrounding surplus premises. It looked at moving on and ending the lease relationship.… Read more →

News

First Female Senior Partner

Wedlake Bell is pleased to announce that Kim Lalli has been elected as the firm’s Senior Partner. This will be for a four year term that begins on 1st January … Read more →

Bulletins

Express contract terms continue to provide best protection for parties to a contract

The Court of Appeal has reaffirmed that a term will not be implied if it contradicts an express term under the contract (Irish Bank Resolution Corp Ltd (In Special Liquidation)… Read more →

Bulletins

Why ownership structures will change in the future

Helen Garthwaite and Suzanne Gill analyse how technological disruption is shaping ownership. To read the full article first published in Property Week on 16 March 2017, click here.

JCT subcontracts: Court of Appeal calls time on extensions of time

A TCC case involving Carillion concerning the issue of delayed work and entitlement to an extension of time has potentially significant implications for contractors. The Court of Appeal in Carillion Construction … Read more →

Bulletins

Be sure of your connections

Helen Garthwaite and Claire Haynes consider broadband challenges for the next generation of buildings. This article was first published in RICS Construction Journal for April-May 2016. When carrying out a … Read more →

Bulletins

Payments under Building Contracts: it pays to be on time!

It is fair to say that the payment regime under the Construction Act (the “Act”) is complicated. In the recent decision of Henia Investments Inc v Beck Interiors Ltd [2015]… Read more →