Riba meaning

In this issue: Standard form contracts Building safety Expert witnesses Construction industry news Daily and weekly news alerts New and updated content Construction trackers Standard form contracts CLLS publishes 2024 edition of Letter of Intent The CLLS has released the refreshed 2024 edition of its Letter of Intent. Our commentary reviews the revisions made. See News Analysis: City of London Law Society publishes 2024 edition of Letter of Intent. Court refuses declaratory relief in JCT termination payment dispute (Shaylor v Valesecure) In Shaylor Group Ltd (in administration) v Valesecure Property Ltd (in liquidation) [2024] EWHC 750 (TCC), the Technology and Construction Court declined to issue declarations regarding the contractor’s right to payment after the termination of a JCT-based contract. In doing so, the court explored noteworthy issues of contractual interpretation, including the methodology for assessing sums owed to the contractor post-termination and the impact of an ineffective assignment by the employer. See News Analysis:...

In this issue: Building safety JCT contracts Adjudication Contract law Collateral Warranties Procurement Projects Daily and weekly news alerts New and updated content Construction trackers Building safety Grenfell Tower Inquiry Phase 2 report On 4 September 2024, the Grenfell Tower Inquiry released its Phase 2 report into the fire at Grenfell Tower, which took place on 14 June 2017. The document aims to explain how the blaze was able to travel so rapidly, within a brief timeframe, through a residential building. It outlines shortcomings across numerous institutions, organisations and individuals over many years, whose combined failures brought about the disaster. The report concludes that the tragedy was the culmination of decades of failings by central government and other bodies with responsibilities within the construction industry...

In this issue: Building Safety Adjudication Litigation Collateral Warranties Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building Safety Building Safety Act 2022 (Remediation contribution orders) ‘just and equitable’ test (Triathlon Homes LLP v Stratford Village Development Partnership and others) In Triathlon Homes LLP v Stratford Village Development Partnership and others [2024] UKFTT 26 (PC), the First-tier Tribunal (FTT) offered guidance on how the ‘just and equitable’ test should be applied to Remediation Contribution Orders under BSA 2022, s 124. Authored by Andrew Butler KC, barrister at Tanfield Chambers, London. See News Analysis: Building Safety Act 2022 (Remediation contribution orders) ‘just and equitable’ test (Triathlon Homes LLP v Stratford Village Development Partnership and others). HSE publishes BSR register of higher-risk buildings The HSE has released details from the BSR’s register of high-rise residential buildings in England. Under the BSA 2022, such high-rise residential buildings are termed ‘higher-risk...

Shari’ah compliant, or Islamic, finance is a method of funding grounded in the principles and prohibitions of Shari’ah (Islamic law). These rules stem from a range of sources, with further detail provided in Practice Note: Sources of Shari'ah. That Practice Note sets out the fundamental principles and prohibitions that underpin the structuring of Islamic finance transactions, and explains how arrangements are shaped to reflect them. In practice, the question of whether a given Islamic finance transaction satisfies these standards—and so can be treated as Shari’ah compliant—rests with the Shari’ah board of the institution offering or arranging the finance and, less commonly, with the Shari’ah board of a corporate making use of the facility. As a general rule, the default assumption is that a transaction presented as Shari’ah compliant or Islamic will be acceptable unless it breaches core principles or passes important thresholds. For additional information, see Practice Note: Key participants in the Islamic finance industry. Money—no intrinsic value Under Shari’ah, money is regarded purely as a yardstick of...

This Practice Note explains the professional indemnity insurance (PII) obligations for architects, with specific guidance on the Architects Registration Board (ARB) minimum standards. Regulatory setting Who is the regulator? The ARB is the statutory regulator for architects under the Architects Act 1997 (the Act). Under section 13, the ARB must issue a code setting out the standards of professional conduct and practice expected of registered architects: the Architects Code: Standards of Professional Conduct and Practice. A revised Code of Conduct took effect on 1 September 2025 (the ARB Code), superseding the 2017 edition. Non-compliance with the ARB Code does not, in itself, amount to unacceptable professional conduct or serious professional incompetence; however, it will be considered in any proceedings before the ARB’s Professional Conduct Committee. From June 2022, the Building Safety Act 2022 broadened the ARB’s powers, enabling it to assess architects’ competence, set relevant criteria, and remove an architect from the register where those criteria are not met, or...

This Practice Note This Practice Note examines the ways in which a consultant’s appointment may come to an end, considers the stance taken by standard forms, and includes sample termination clauses. It should be read together with Practice Note: Termination of a construction contract, which offers broader guidance on termination in the construction setting... How might an appointment be terminated? by performance—ie once the employer and consultant have fully discharged their contractual duties through a mutual agreement whereby each party releases the other from further obligations following a misrepresentation or fraud (see Practice Note: Misrepresentation—rescission as a remedy) by frustration (see Practice Note: Discharge by frustration) at common law for a repudiatory breach of contract (see Practice Note: Repudiation of contract) under an express contractual term (which may permit termination on specified events and/or give the employer a right to terminate at will) Express contractual provisions Consultant appointments commonly include express terms allowing termination. In practice,...

The Architect shall: General responsibilities (Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client–Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning applications/consents, revisions and conditions; select materials/methods; value engineering; tender support; Stage 3 report. Stage 4: technical design, specifications and packages; building regulations submissions; ERs, Construction Phase Plan; Stage...

The Architect shall: General responsibilities (Stages 0–7) Serve as Lead Consultant for the Project, including: Advising on the scopes of service for other Design Team members Advising on the need for further specialist consultants to complete the Project (and their scopes of service) Directing the other consultants forming the Design Team Co‑ordinating and integrating the Project’s design as a whole Arranging and chairing regular design meetings to progress the Project and ensuring minutes are produced and circulated afterwards Facilitating communication between the Client and the Design Team Either perform the Principal Designer role under the Construction (Design and Management) Regulations 2015 and Building Regulations 2010 to uphold best practice at all times in respect of design safety, or liaise as required with the Principal Designer to uphold best practice at all times in respect of design safety Receive the Client’s instructions and information relating to the Project Report to...

Schedule of services—M&E Engineer (Design and build procurement) The Consultant shall: General responsibilities (Stages 0–7) Lead and co‑ordinate the Design Team, integrate discipline designs, chair design meetings, manage stage reports, and facilitate Client–team communications. Act as Principal Designer under CDM 2015 and the Building Regulations 2010, or liaise with the appointed Principal Designer to secure safe design practice. Receive Client/Contractor instructions around novation, align deliverables with cost, prepare/review drawings and specifications, and maintain a deliverables schedule. Ensure full design co‑ordination, resolve carry‑over items each stage, advise on Client CDM duties, and collaborate with the BIM Manager. Pre‑novation (Stages 0–4) Undertake site appraisals, risk and viability advice, desk studies, and surveys; develop the brief and responsibility matrix; support cost planning and BIM decisions. Formulate options, outline proposals and utilities strategies; define consultant/specialist or contractor‑designed packages; progress spatial co‑ordination, compliance and energy strategies; provide scheme, technical design and stage reports; support Employer’s Requirements and Building Contract preparation....