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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Immediate Payment Obligation under Section 111 is Paramount

The important recent decision of the TCC in Bexheat Limited -v- Essex Services Group Limited [2022] serves to clarify further the paramountcy of the immediate payment obligation under s.111 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”). […]

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Government ditches the role of Building Safety Manager in latest shake-up of the Building Safety Bill

In a further change to the Building Safety Bill put forward following the Grenfell Tower tragedy in 2017, the Government has now scrapped the requirement to appoint a Building Safety Manager during the occupation phase of a construction project. Background […]

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A More Nuanced Approach: HMRC’s Revised Policy on VAT Treatment for Early Termination Fees and Compensation Payments

Effective from 1 April 2022, HMRC has issued revised guidance on the treatment of VAT for termination and compensation payments. Read on for details of this more nuanced approach to VAT treatment. Background Guidance issued by HMRC in late 2020 […]

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Conclusivity and Time Bar Clauses: Scottish Court of Session Guidance

In an important recent decision, D McLaughlin & Sons Limited -v- East Ayrshire Council, the Scottish Court of Session (the “CSOH”) has considered final certificate conclusivity and time bar provisions and their application to interim payment disputes. Background D McLaughlin […]

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Resolving Costly Domestic Building Disputes: A Proposal by the TCC

In the recent case of The Sky’s The Limit Transformations Ltd v Dr Mohamed Mirza [2022], the TCC considered a disproportionately costly domestic building dispute involving issues of contract formation, termination and sums due under a final account. The Court […]

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Government gives industry deadline of early March 2022 to agree to a plan of action to remediate unsafe cladding

Since the Grenfell Tower fire in 2017, the Government has taken a number of steps aimed at addressing the building safety and cladding crisis. Those steps have included provision for financial contributions to remedying unsafe cladding through the ACM cladding […]

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Entitlement to Liquidated Damages Lost After Alleged Verbal Agreement

In the case of Mansion Place Limited v Fox Industrial Services Limited [2021], the TCC considered an alleged verbal agreement between parties and its impact on future claims. Background In February 2020, Mansion Place Limited (“MPL”) engaged Fox Industrial Services […]

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Terms and Conditions: Formation, Incorporation and Invalidity

In Blu-Sky Solutions Limited -v- Be Caring Limited [2021], the Commercial Court considered contract formation, incorporation of terms and conditions, and invalidity of onerous provisions. Contractual Background: Blu-Sky Solutions Limited (the “Claimant”), a supplier of telecommunication services, claimed c£180,000 from […]

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Employer Entitled to Full Liquidated Damages Despite Having Taken Possession of Majority of Works

In the recent case of Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC), the TCC considered the construction and enforceability of a liquidated damages clause where the employer had taken partial possession […]

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