Real Estate:UK (RE:UK) has issued its reply to the Ministry of Housing, Communities and Local Government (MHCLG) consultation concerning classification of higher-risk building work......
In this issue: Building safety Arbitration Adjudication Planning for construction lawyers Environmental issues Procurement in construction Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building safety BCIP publishes report proposing an overhaul of England’s building control regime. The BCIP has issued a report urging sweeping reforms to England’s building control system, ending dutyholders’ ability to choose their regulator, consolidating statutory building control bodies, strengthening enforcement powers, introducing compulsory inspection standards, revising fees and funding, and deploying a national digital building control platform. Chaired by Dame Judith Hackitt and set up following the Grenfell Tower Inquiry, the BCIP concluded that the current public–private mix cannot reliably deliver independent, conflict‑free oversight of building work. The proposals are wide-ranging and aimed at systemic reform. See: LNB News 21/05/2026 28. MHCLG publishes Grenfell Tower...
The Scottish Government has issued an update on progress regarding implementation of Grenfell Tower Inquiry Phase 2 recommendations......
The UK Green Building Council (UKGBC) has released a Whole Life Carbon (WLC) Framework to assist the built environment sector in cutting and controlling carbon emissions throughout buildings’ life cycles and back projects aligned with net zero......
Defects often trigger contentious issues on building projects, spawning debates and disagreements over whether an item is truly a defect, a contractor’s obligation (or entitlement) to put defects right, latent (hidden) defects, the duty to flag problems in others’ work, and the suitable and proportionate remedy for defective work.
There is no single, universal meaning of ‘defect’ but, broadly speaking and for general purposes, it is work that fails to satisfy a specification or standard mandated by the contract because of fault(s) in workmanship, materials or design, or owing to shortcomings in the quality of the work delivered. For fuller guidance on what amounts to a defect, the ways defects may arise, rights and remedies in respect of defects, and pertinent case law, refer directly to the Practice Note: Defects claims in construction-What is a defect? for detail.
Construction law distinguishes between patent and latent defects-the former being a defect that is detectable during the works or within a specified period after practical completion known, typically, as the defects liability period. Note that a defect need not actually have been seen/detected to be patent; it is enough that the defect was ‘observable’. Therefore, where a defect is capable of being...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...