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Related news & insights - Sam Mullender

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......>>
‘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......>>
The TCC delivers guidance on claims surrounding fire safety of buildings - Martlet v Mulalley
Posted: 12/08/2022
Since the tragedy at Grenfell in June 2017, claims surrounding fire safety of buildings have become commonplace. For this reason, the TCC’s judgment in Martlet Homes Ltd v Mulalley & Co Ltd – the first decision of its kind since Grenfell to address fire safety defects - was highly anticipated......>>
Façade fire safety defects: when can particulars of claim be amended outside the limitation period?
Posted: 07/02/2022
The Court of Appeal has very recently published a judgment that focused on whether a claimant could amend its particulars of claim to raise a new cause of action outside of the limitation period. The case concerns façade fire safety defects and, as the Court of Appeal noted, this is an important issue in such claims......>>

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