Legal

The three main themes of the JCT design and build changes

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Rachel Heald is a partner at Hawkswell Kilvington JCT has now published the long-awaited 2024 edition of the Design and Build Contract family. On reviewing the new Design and Build Contract (DB 2024), it is clear that the drafting changes follow three main themes: “Many of the 2024 changes are…

JCT changes: tinkering around the edges or an important refocus?

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David Lukic is a planning and construction solicitor at Weightmans The construction sector operates in a very different environment now to the one that existed just a few years ago, with significant changes to construction law and the lasting economic hangover caused by the pandemic, rapid inflation and the impact…

What you need to know about the new JCT Design and Build Contract

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Connor Guinea is an associate at Brodies LLP On 17 April 2024 the JCT published the first of its new edition of standard contracts – JCT 2024 – starting with the Design and Build Contract (DB2024). New relevant events and optional relevant matters DB2024 has extended the list of relevant…

When does a contractor have the right to terminate for late payment?

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Tim Atwood is a senior associate at law firm CMS Cameron McKenna Nabarro Olswang  The recent Technology and Construction Court (TCC) decision in Providence Building Services Ltd v Hexagon Housing Association Ltd considered the JCT termination provisions and concluded that a repeated breach by a client only entitles a contractor…

Avoiding performance security pitfalls with the FIDIC Silver Book

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(Pictured left to right) Ciara Ros, senior associate, Louise Woods, partner, and Lauren-Emma Parrott, associate, from law firm Vinson & Elkins The FIDIC Silver Book (2017, as amended) is a set of general conditions drafted by the International Federation of Consulting Engineers (commonly known as FIDIC), which is most appropriately…

Tribunal considers extent of leaseholder protections

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Sarah Dyer is a partner and Sean Garbutt a principal associate at law firm Gowling WLG The Upper Tribunal (Lands Chamber) recently handed down judgment in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point, considering the effect of paragraph 9 of schedule 8 of the Building Safety…

Remediation Contribution Orders: are they ‘just and equitable’?

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Stephanie Geesink, counsel, and Dom Turner-Harriss, associate, of Watson Farley & Williams LLP Here, we consider the implications of Triathlon Homes LLP v Stratford Village Development Partnership, Get Living Plc and East Village Management Limited [2024] UKFTT 26 (PC). Prior to the 2012 London Olympics, Stratford Village Development Partnership developed…

Are RAAC remediation claims coming – and who foots the bill?

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Mark Manning is a partner and Sian Barrett is a senior associate at law firm Ashfords Following the RAAC scandal last year, many expected a mass influx of claims to hit the industry, potentially causing huge headaches for contractors. To much surprise, this hasn’t been the case. Why? And are…

Asbestos in buildings: an unresolved problem

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Zoe Cooper is of counsel and Gregor Woods is a partner at law firm CMS On 15 January, the Health and Safety Executive (HSE) launched its ‘Asbestos – Your Duty’ campaign, with the aim of improving understanding of what the legal duty to manage asbestos involves. Even though its use…

What are liquidated and ascertained damages?

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Harry King is a junior associate at law firm Quigg Golden Liquidated damages, also known as liquidated and ascertained damages (LADs), are a contractual agreement on damages that are designed to cover costs when a project runs past the agreed completion date. LADs are common in construction, as they provide…