Arbicon are pleased to announce, as part of the firms expansion, the opening of a new office in Leeds. The new office will serve as a hub for our team in the northern region and will allow us to better serve our clients in the area. Our new office overlooks St. Paul’s Square in Leeds and is based in the historic St Pauls House.
The new Building Safety Act 2022 (BSA) came into force on 28th June 2022, it is aimed at liability for defects in “dwellings” and in the context of making buildings safe. In theory it aims at prosecuting those persons associated including designers, suppliers, contractors, regardless of any bankruptcy defence associated with the supply and installation of defective and/or dangerous building products and buildings. The legislation is born out of the Grenfell Tower Fire in 2017 targeting “high risk” buildings such as those over 11m high and constructed in cladding as well as all other buildings. The main point to note is that the BSA amends the limitation Act to 15 years for defects in buildings and in the case of the “high risk” buildings and those falling under Section 1 of the Defective Premises Act 1972 claims can be made going back to 28th June 1992 over 30 years ago. What does it all mean?
The NEC 4 ECC contract clearly defines compensation events and how these are to be notified. This article considers a particular aspect of notifying compensation events which relates to another NEC provision, namely, the giving of early warnings.
In Part 2 of our series covering communications in NEC Contracts, John Elven, Senior Consultant at Arbicon, discusses the importance of maintaining good communications in accordance with the requirements of NEC Contracts as a means of promoting dispute avoidance, focussing on NEC 4 clause 13.
Jonathan Nugent discusses what possible further improvements could be made to the Construction Act to stamp out commercial bad practice and balance construction contract power.
In Part 1 of our series covering communications in NEC Contracts, John Elven, Senior Consultant at Arbicon, discusses the importance of maintaining good communications in accordance with the requirements of NEC Contracts as a means of promoting dispute avoidance.
The updated Construction Act (LDEDC Act 2009) that came into force on 1st October 2011, made it mandatory for the parties to a construction contract to manage the payment process properly and establish a notified sum in each payment period, during and at the end of the works. If the contract requires an application for payment then that application becomes the “Notified Sum” due, if the payer fails to deal with it and fails to state what is to be paid, either in a Payment Notice or Pay Less Notice, which have become familiar terms. After all this time, parties still get confused about their payment rights and many are unaware that they have a default payment position until we evaluate their case! The construction law is on the side of the payee. So what is Smash and Grab Adjudication?