Look back in anger: collateral warranties provided retrospectively may qualify as ‘construction contracts’

The Court of Appeal in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] has clarified that subject to their wording, collateral warranties may constitute construction contracts within the meaning of s104(1) of the Housing Grants, Construction and […]

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Natural Justice: it must be done

Questions of procedural fairness remain important in adjudication. In the recent case of Liverpool City Council -v- Vital Infrastructure Asset Management (VIAM) Ltd (In Administration) [2022] the Technology and Construction Court provided declaratory relief rendering an adjudicator’s decision unenforceable because […]

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The Building Safety Act – what could it mean for you?

Background On 28 April 2022, after much deliberation and anticipation, the Building Safety Bill (the “Bill”) received Royal Assent as the next “key step in an extensive overhaul to building safety legislation”. Now known as the Building Safety Act 2022 […]

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Validity and Interpretation of Pay Less Notices: Be Specific

In the case of Advance JV & Ors -v- Enisca Ltd [2022] EWHC 1152, the Technology and Construction Court considered the validity and interpretation of a pay less notice which failed to refer to a particular payment application, and which […]

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