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Building liability orders: piercing the corporate veil and current judicial guidance
Posted: 08/01/2025
One of the most significant remedies in relation to defective premises under the Building Safety Act 2022 (BSA) was the introduction of building liability orders (BLOs). A BLO is purported to be a solution for parties in construction litigation seeking to obtain redress from a responsible party in circumstances where the relevant assets may sit elsewhere......>>
Adjudications – court considers whether referring parties can commence multiple narrowly defined adjudications at the same time
Posted: 19/11/2024
Without the agreement of the parties, a single adjudicator can only decide a single dispute at a time. It is open to the referring party to define that dispute narrowly, such as a dispute concerning a single variation; or widely, potentially concerning the entire final account. However, what if a referring party commences multiple, narrowly defined......>>
Late Payment of Commercial Debts (Interest) Act 1998 – the rate of statutory interest
Posted: 17/10/2024
The generous rate of statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998, at 8% above the base rate, is a valuable/penal legal remedy. It takes care to calculate correctly, and appears to have been misapplied in the recent Technology & Construction Court case of A&V Building Solution Limited v J&B Hopkins Limited......>>
Court holds that provision of ‘partial’ counsel’s advice to adjudicator did not amount to fraudulent misrepresentation
Posted: 11/09/2024
The deployment of advice from a barrister within an adjudication is a common tactic, often in an attempt to add ‘weight’ to a party’s submissions before the adjudicator. However, what if a party only provided the ‘good parts’ of the advice; would this be acceptable? This was one of the points considered in Henry Construction Projects Limited......>>
Terminating for breach of progress obligations – key questions
Posted: 14/08/2024
This article considers the questions that commonly arise when considering a termination under a construction contract for breach of a contractor’s, or subcontractor’s, progress obligations. What types of progress obligations are there? Often there will be an obligation to complete by a date (or dates), with a mechanism to adjust this. In the absence......>>
Supreme Court rewinds law on collateral warranties: Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP
Posted: 01/08/2024
The Supreme Court has handed down judgment in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP [2024] UKSC 23; a long-awaited case in which it has considered whether a collateral warranty can be a ‘construction contract’ within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA)......>>
General election 2024: what the construction sector needs is stability
Posted: 24/06/2024
There are various similarities between the manifestos of the main parties in relation to housing and construction: while Labour promises to build 1.5 million homes during the next parliament, the Conservatives aim for 1.6 million and the Lib Dems 380,000 a year (i.e. 1.9 million over the next term). What is less clear is how the leading parties propose......>>
Court guidance on a Defective Premises Act 1972 claim – Vainker and another v Marbank Construction Ltd and others [2024] EWHC 667 (TCC)
Posted: 13/05/2024
The Technology and Construction Court (TCC) has provided important guidance on claims under the Defective Premises Act 1972 (DPA). In light of the increased interest in claims under the DPA, following the retrospective extended limitation period introduced by the Building Safety Act 2022 (BSA), this judgment provides useful insight into......>>
‘Works contracts’ arising from the developer pledge – where are we now?
Posted: 10/05/2024
It has been two years since we started to see the country’s largest housebuilders sign the developer pledge letter. There has undoubtedly been a surge to assess and remediate buildings with fire safety defects – albeit there are still plenty more to go. This article addresses what is, perhaps, one of the final cogs that needs to be in place for work to......>>
NHBC and indemnity for the costs of interim safety measures
Posted: 09/05/2024
It has been over two years since the Financial Ombudsman Service released its decision following the complaint of ‘Mr and Miss M’, the complaint being that NHBC unfairly declined cover under its policy for the costs of interim safety measures. At the time the decision was acknowledged as a positive step and a significant shift in the potential......>>

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