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Related news & insights - Chris Bates

Duty of care in tort for defects in design and build contracts – an ‘unsettled and controversial’ issue
Posted: 17/05/2023
The question of whether a design and build contractor owes its employer client a duty of care in tort in respect of defects – and, if so, whether in relation to its design and/or workmanship obligations – is a difficult question, but one that has real practical importance (for example, when any contractual claim is already time barred)......>>
Termination of construction contracts under contractual terms or for repudiatory breach: a recent reminder of the law
Posted: 04/03/2022
Parties ending contractual relationships is an unfortunately common feature on construction projects and taking the correct legal steps to deal with it can be crucial. This article looks into the legal principles for a construction contract to be terminated by contractual notice or, alternatively, under the common law ground of repudiatory breach......>>
Construction professional negligence claim provides useful guidance on scope of duties and recovery of losses
Posted: 21/12/2021
In BDW Trading Limited v URS Corporation Limited [2021] EWHC 2796 (TCC), the court had to grapple with difficult questions of scope of duty and the accrual of a cause of action in tort in an engineer’s professional negligence claim. In doing so, it has provided some useful guidance for those bringing and facing such claims......>>
The case that shows factual causation can be the real decider
Posted: 02/07/2021
The case of (1) Beattie Passive Norse Limited and (2) NPS Property Consultants Limited v Canham Consulting Limited [2021] EWHC 1116 (TCC) highlights the crucial importance of factual causation in claims of professional negligence against construction professionals......>>
Cladding claims and post-limitation amendments
Posted: 09/03/2021
Last year there were two Technology and Construction Court (TCC) cases on the very topical issue of limitation in fire safety cladding claims. Sportscity v Countryside Properties [2020] EWHC 1591 (TCC) and RG Securities v R Maskell [2020] EWHC 1646 (TCC) both concerned summary judgment applications by developers against building owners on the contention that the owners’ claims were out of time for limitation purposes......>>
Green retrofit: what is it and what does it mean for the development industry?
Posted: 01/03/2021
Green retrofit - well, its’s quite the buzzword in the development industry at the moment, but what is it really? It can actually be defined as a number of things, but in reality it is ‘exactly what it says on the tin’ - green retrofit is the sustainable refurbishment of an existing building to make it more efficient, better for the environment and sustainable...…>>
Deadline extension for the Building Safety (non-ACM) Fund and a new £30 million Waking Watch Relief Fund
Posted: 06/01/2021
In the March 2020 budget, the Government announced that it would provide £1 billion in 2020 to 2021 to support the remediation of unsafe non-ACM cladding systems on residential buildings 18 metres and over in both the private and social housing sectors. The deadline for applications was originally 31 December 2020...…>>
Cladding claims and limitation under the Defective Premises Act 1972
Posted: 18/08/2020
The decision in Sportcity 4 Management Ltd v Countryside Properties (UK) Ltd [2020] EWHC 1591 (TCC) is a useful confirmation of the limitation position under the Defective Premises Act 1972 when further work is undertaken after completion of the original project...…>>
Cladding claims and concealment under the Limitation Act 1980
Posted: 18/08/2020
The case of RG Securities (No.2) Ltd v (1) Allianz Global Corporate and Specialty (2) Building Lifeplans Ltd (3) R Maskell Ltd [2020] EWHC 1646 (TCC) is a reminder of the high hurdle set by the court for any party to achieve summary judgment in a claim. It also provides an important confirmation...…>>
In the spotlight: cladding claims and limitation
Posted: 18/08/2020
One of the fallouts from the tragic fire at Grenfell Tower in June 2017 is that many building owners across the UK are having to look very closely at the safety (in the event of fire) of the external wall cladding systems on their buildings. This is leading to lots of owners identifying the need to undertake very costly and disruptive remedial works...…>>

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