Building Safety Act - Responsible Actors Scheme – Opting in is the only option By Rebecca Austin Earlier this month, we reported on the stark ultimatum given to major developers – to sign the…
What is a Higher-Risk Building: the government’s response to the consultation By Rebecca Austin The government has now published its response to the consultation on the draft Higher-Risk…
A New Consultation on The Building Safety Levy By Rebecca Austin, Fiona Gill On 22 November 2022 the Government launched a further consultation on building safety measures –…
Building Safety Act By Fiona Gill, Rebecca Austin The Building Safety Act finally received Royal Assent on 28 th April 2022 following a robust debate…
The Building Safety Bill reaches the final stages By Fiona Gill, Rebecca Austin The Building Safety Bill (the “ Bill ”) completed all stages in the House of Lords on 4 th April…
Payment Notices – a “genuine belief” in the valuation - Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) By Rebecca Austin Executive Summary This decision highlights the danger of issuing a Payment Notice without a…
Construction Risks Newsletter - April 2020 By Mark Roach, Rebecca Austin In Blackpool Borough Council v Volkerfitzpatrick Limited [2020] the Court refused the Defendant’s…
Astec: The next instalment on companies in liquidation pursuing recovery via Adjudication By Rebecca Austin In Balfour Beatty Civil Engineering Ltd v Astec Projects Ltd (In Liquidation) [2020] the…
Municipio v BHP: Litigation and Extensions (of Time) in the Time of COVID-19 By Rebecca Austin, In Municipio de Mariana & Others (MDM) v BHP Group PLC (formerly BHP Billiton) (BHP) [2020] …
True Value’ Adjudications: tactics to avoid having to ‘pay first’ where risk of insolvency squandered where party had not acted with due diligence By Rebecca Austin In Broseley London Limited v Prime Asset Management Limited [2020] the Court declined to grant a…
DACB’s 2020 Construction look ahead By Mark Roach, Rebecca Austin, With a new government and a large mandate from the public, comes new ideas as to how to…
Jurisdictional challenges: waiver, crystallisation and substantive issues By Rebecca Austin The recent case of LJH v Meeres provides another example of a Court rejecting a parties’…
Construction Risks Newsletter - August 2019 By Mark Roach, Rebecca Austin DAC Beachcroft's Construction Risks Newsletter features topical issues in construction…
Trading names and Adjudication referrals – can a jurisdictional challenge succeed? By Rebecca Austin An interesting challenge of jurisdiction case was recently heard in the Technology and Construction…
What constitutes “Practical Completion” considered in (1) Mears Ltd v Costplan Services (South East) Ltd and others; and (2) University of Warwick v Balfour Beatty By Rebecca Austin A fundamental but often overlooked principle of any agreement relating to works is what constitutes…
NEC4 - "evolution not revolution" By Rebecca Austin Introduction The new suite of NEC4 contracts were published on 22 June 2017…
Adjudication "Responses" - Mailbox (Birmingham) Limtied v Galliford Try Building Limited 2017 By Mark Roach, Rebecca Austin Executive summary This case acts as a warning to Responding Parties that the Adjudicator's…
RCS Contractors Limited v Conway [2017] EWHC 715 (TCC) By Mark Roach, Rebecca Austin Executive Summary The Honourable Mr Justice Coulson enforced an Adjudicator's award on summary…