This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.50), before moving on to highlight the JCT's release of its 2024 Edition Contracts (starts at 12.58). They also discuss the judgment in Vainker and another v Marbank Construction Ltd and others [2024] EWHC 667 (TCC) (starts at 23.30), as well as the meaning of "same or substantially the same" in Wordsworth Contractors Management Ltd v Inivos Ltd t/a Health Spaces [2024] EWHC 617 (TCC) and Engenda Group Ltd v Petroineos Manufacturing Scotland Ltd [2024 ..read more

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction are joined by Barry Hembling, a partner in the real estate group of Watson Farley and Williams, to discuss the Court of Appeal's judgment in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823. The court held that the collateral warranty in question was a construction contract, as defined by section 104(1) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), which gave the parties a right to adjudicate their dispute ..read more

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss what construction practitioners might expect in 2023, with an appeal to the Supreme Court in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823 (starts at 0.43), an expectation that cladding claims will continue to make their way through the courts, following on from Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (starts at 3.00). This includes two recent judgments (in LDC (Portfolio One) Ltd v George Downing Construction Ltd and another and BDW Trading Ltd v ..read more

In the ninth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in March's monthly bulletin. The Building Safety Bill has now concluded its passage through the House of Lords. The latest building safety developments include removal of the role of Building Safety Manager, a further update to Form EWS1 and agreements reached on who will pay for remediation works. We also look at two Court of Appeal judgments addressing the embargo that applies to reserved court judgments: The Public Institution for Soc ..read more

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction consider two cases involving the destruction of evidence (Vardy v Rooney [2022] EWHC 2017 (QB) and Ocado Group plc v McKeeve [2022] EWHC 2478 (Ch)) (starts at 1.00), injunctions against trespassers (High Speed Two (HS2) Ltd v Persons Unknown [2022] EWHC 2360 (KB)) (starts at 9.49), two adjudication enforcements (AM Construction Ltd v The Darul Amaan Trust [2022] EWHC 1478 (TCC) (starts at 16.15) and Breakshore Ltd v Red Key Concepts Ltd (unreported), 6 May 2022, (County Court) (starts at 21.32) and a range of build ..read more

In the sixth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in December's monthly bulletin. These include the Court of Appeal's judgment in Rushbond plc v The JS Design Partnership LLP [2021] EWCA Civ 1889 (which is a negligence case against an architect) and Changing Climates Ltd v Warmaway Ltd [2021] EWHC 3117 (TCC) (which is an adjudication enforcement case considering whether the parties were parties to a construction contract). We also look at the latest bu ..read more

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments related to building safety including provisions of the Building Safety Act 2022 that are already in force, new consultations and secondary legislation, and the new PAS competence standards for the Principal Designer role, the Principal Contractor role and the requirements for managing safety in residential buildings. They also consider Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC), the first judgment following a full trial of i ..read more

In the second The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take August's monthly bulletin and highlight three developments of particular interest: the effect partial possession has on liquidated damages (Eco World - Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC)), what happens to a payment application when the contract administrator resigns (Graeme Cheyne Builders v Michael Wilson 2021 SAC (Civ) 24) and what RIBA's latest guidance tells us about professional indemnity insurance. Along the way, they also discu ..read more

In the tenth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in April's monthly bulletin. The Building Safety Bill received Royal Assent and is now known as the Building Safety Act 2022. We discuss when we expect its provisions to come into force (starts at 1:12). We also look at two adjudication enforcement judgments: Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) (starts at 24:40) and Van Oord UK Ltd v Dragados UK Ltd [2022] CSOH 30 (starts at 37.25 ..read more

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.50), before moving on to the judgments in Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC) (starts at 10.55) and Taylor v Jones and another (Rev1) [2024] EWCA Civ 170 (starts at 30.35). Finally, they also discuss the annual budget (starts at 47.29) and other judgments from around the courts (starts at 49.04 ..read more