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In this issue: Repairing obligations and dilapidations Business tenancies Service charges Contractual issues Enforcing security and property insolvency Disputes and remedies Rent and rates Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Repairing obligations and dilapidations Supreme Court confirms developer’s entitlement to pursue negligence, DPA 1972 and contribution claims for remedial costs against its structural engineer (URS v BDW). The case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 is the latest instalment in a sequence of decisions arising from claims by a developer (BDW) against its structural engineer (URS) concerning structural defects in two residential developments, where the remedial works were undertaken after it no longer held any proprietary interest in the developments and before any third-party claims had been notified...
The Infrastructure Conditions of Contract (ICC) for Civil Engineering Works began life in 1945 as the ICE Conditions of Contract. After a series of revisions, a substantial overhaul arrived in 2014 with the publication of a new ‘With Quantities Version’ (see Practice Note: ICC With Quantities Version 2014). In June 2018, two further ICC forms were issued—the Target Cost (TC) Version and the Design and Construct Version (see Practice Note: ICC Design and Construct Version 2018). This Practice Note offers guidance on the ICC TC Version 2018. Back in 2011, the Association for Consultancy and Engineering released the first TC Version, derived from the ICE Conditions of Contract 7th edition and tailored for target cost application. The 2018 TC Version is a full rewrite, aligning with the structure and drafting approach of the 2014 Without Quantities Version. Nonetheless, both the 2011 and 2018 TC editions preserve the same collaborative ethos, with the parties jointly managing risk. Scheme of Many clauses are unchanged between the 2014 With Quantities...
The Infrastructure Conditions of Contract (ICC) The Infrastructure Conditions of Contract (ICC) were previously known as the ICE (Institution of Civil Engineers) conditions of contract, first issued by the ICE in 1945. In November 2014 a fresh edition arrived, titled the ‘with quantities’ version (‘ICC with Quants’). This followed an extensive overhaul of the form and a consultation exercise, prompted by the need to modernise a contract that had seen little substantive change for more than half a century. The 2014 edition was wholly re-written and adopted a bold new drafting philosophy. It is briefer and clearer than the earlier ICE/ICC contracts, and brought in a number of notable reforms. Chief among these is the provision that lump sum pricing becomes the default valuation method, while re-measurement remains available as an alternative. Although labelled the ‘With Quantities’ version, it is intended to serve as the preferred contract for the majority of civil engineering works. The pre-2014 ICC forms (see Practice Note: ICC Measurement Version 2011) are still in circulation...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...