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In this issue: Transferring property Commercial real estate finance Statutory compliance Property development Easements, rights and covenants Residential property Insurance Property taxes Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Transferring property HMLR announces plans to share data on avoidable requisitions with customers HM Land Registry intends to provide firms with visibility of the proportion of their applications that include simple-to-avoid requisitions, such as mismatched names, missing documents, and witness information. These insights are scheduled for publication in Autumn 2025. Across firms, current levels vary, with between 0% and 24% of applications affected. In tandem, HMLR is refining its processes and systems to better support users: raising requisitions only where necessary and automatically validating certain details at the drafting stage. The goal is to achieve accurate registrations first time, without the need for extra clarification or additional supporting material. See: LNB...
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...
Jenni Glover & Littleton Glover v Fluid Structural Engineers and Technical Designers Ltd [2023] EWHC 3219 (TCC) What are the practical implications of this case? This judgment revisits the principles governing two intricate aspects of professional negligence claims: the linkage between a professional’s scope of duty and the claimant’s recoverable losses, and the situations in which a claimant can reclaim fees paid for inadequate professional work. For those in the construction sector, the key takeaways include: scope of duty: the court indicated that losses recoverable from negligent structural engineers depend on a nuanced, fact-specific evaluation, and are not confined to ‘conventional’ losses, ie damages for defects. In this matter, it was at least arguable that the defendant engineer could be liable for costs the employer claimants said they had wasted investigating claims, arising from deficient information supplied by the engineer repayment of fees: the court reaffirmed that a claimant may pursue recovery of a professional’s fees where the services were not delivered at all,...
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 Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction law case tracker brings together significant judgments from 2021, 2022 and 2023 of interest to construction lawyers, presented with the most recent first. For earlier material, refer to the 2020, 2019, 2018, 2017, 2016 and 2015 archives. Public procurement decisions are captured in the UK public procurement case tracker and the EU public procurement case tracker. Notable forthcoming appeal matters appear in the Construction horizon scanner (Appeal cases). Judgment date • Case • Topic • News • Analysis • Summary 15 December 2023 — Jenni Glover & Littleton Glover v Fluid Structural Engineers and Technical Designers Ltd [2023] EWHC 3219 (TCC) — Consultant appointments; Payment — Court reviews engineers’ scope of duty and potential liability to return fees (Glover v Fluid Structural Engineers). The TCC declined to strike out a claim against a structural engineer seeking wasted costs and repayment of fees, requiring consideration of complex issues on professionals’ scope of...
Construction projects frequently rely on a wide range of professional consultants, each undertaking distinct responsibilities. The size of the team varies with the project’s scale, and who makes the appointments will depend on the procurement route. Nevertheless, the principal consultants are broadly consistent across most schemes. This Practice Note outlines the roles of those key consultants and draws attention to their main duties. For a summary of the roles of the parties commonly involved in a construction project (including consultants as well as the employer, contractor and sub-contractor), see Practice Note: Parties in a construction project. For a visual of the contractual framework typical of a construction project, and how consultants are positioned within it, see: Structure of a development project—diagram. Architect The architect is generally the lead, and often the most significant, consultant on a building scheme (as opposed to an engineering project). The employer will usually appoint the architect first so that early design advice can be provided and a feasibility study prepared for the proposed...
The Consultant shall: General responsibilities (Stages 0–7) Serve as Lead Consultant for the Project, which includes: Advising on the scopes of service for other Design Team members Advising on the requirement for additional specialist consultants to complete the Project (and defining their scopes of service) Directing the other consultants who make up the Design Team Co-ordinating and integrating the Project design in its entirety Arranging and chairing regular design meetings to support Project progress, ensuring minutes are recorded and circulated afterwards Facilitating communication between the Client and the Design Team Co-ordinating and collating end-of-stage reports Prior to execution of the Building Contract, either act as Principal Designer in accordance with the Construction (Design and Management) Regulations 2015 and Building Regulations 2010 to ensure best practice is maintained at all times regarding design safety, or liaise as required with the Principal Designer to...
Schedule of services—structural engineer (traditional procurement) The Consultant shall: General responsibilities (Stages 0–7) [ serve as Lead Consultant for the Project, which includes: advising on the scopes of service for other members of the Design Team advising on any additional specialist consultants required to complete the Project (and their scopes of service) directing the other consultants forming the Design Team co-ordinating and integrating the design for the Project as a whole arranging and chairing routine design meetings to progress the Project and ensuring minutes are prepared and circulated afterwards facilitating communication between the Client and the Design Team ] [ act as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 to maintain best practice at all times for design safety OR liaise and interact as required with the Principal Designer and maintain best practice at all times for design safety ] receive the Client’s instructions...