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...

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction consider a range of building safety developments (starts at 2.45); the judgment in Essential Living (Greenwich) Ltd v Elements (Europe) Ltd [2022] EWHC 1400 (TCC), where the court granted declarations regarding the binding nature of an adjudicator's decision (starts at 10.00); two climate change developments (the NEC's secondary option X29 and TCLP's new built environment hub) (starts at 15.48), RIBA's...

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...

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...

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in May's monthly bulletin. We discuss further building safety developments (starts at 1.08), and also look at the draft Construction Contracts (England) Exclusion Order 2022, which will exclude certain sewerage or water undertaker contracts from the adjudication and payment provisions in the Construction Act 1996) (starts at 8.47),...

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...

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...

In the eighth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in February's monthly bulletin. These include the latest building safety developments, with the Building Safety Bill moving on to its committee stage (after passing its second reading in the House of Lords), a House of Lords Library's research briefing on the Building Safety Bill and the government's wide-ranging amendments to limit...

In the seventh The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction are joined by Matt Molloy of MCMS Ltd to discuss a number of developments referred to in January's monthly bulletin.   These include the latest building safety developments, with more government guidance on EWS1 forms, developers being told to pay to replace unsafe cladding and an extension of the limitation period under the Defective Premises Act 1972 to 30 years.   ...

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...

In the fifth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take November's monthly bulletin and look at a number of developments.   These include several case law developments (a refusal to enforce an adjudicator's decision on that basis that it was an abuse of process; a reminder that the courts will uphold a parties' tiered dispute resolution clause and that no dispute is too large, too complicated or raised too late to be suitable...

In the fourth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take October's monthly bulletin and look at the TCLP's Net zero toolkit (which includes new clauses and "high ambition versions" of existing clauses), the Court of Appeal's judgment in John Doyle Construction Ltd (In Liquidation) v Erith Contractors Ltd [2021] EWCA Civ 1452 (which considers whether an insolvent claimant is ever entitled to summary judgment to enforce an...

In the third The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take September's monthly bulletin and highlight some of the issues arising from two judgments, Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) and CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC). In both instances, HHJ Eyre QC held there was a material breach of the rules of natural justice by the adjudicator. However, in one instance the...

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...

In the inaugural episode of The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take July's monthly bulletin and highlight three developments of particular interest: the Building Safety Bill, whether a collateral warranty is a construction contract (Toppan v Simply) and recovering liquidated damages after a contract has been terminated (Triple Point v PTT).   For further information on any of the topics discussed in this episode, visit...