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Safe as (qualifying tenants’) houses? Leaseholder protection under the BSA 2022

Building safety has had a high profile since the Grenfell tragedy and the introduction of the Building Safety Act, but some provisions in the Act relating to leasehold buildings have been relatively overlooked. Georgia Whiting of Ardmore Construction and Chris Bryden of 4 KBW examine the case law relating to remediation costs and leaseholder contributions under the Act.

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Security for costs: a lottery or an established well-honed process?

In a climate where the financial position of parties to construction litigation is increasingly precarious, Karen Gough of 39 Essex Chambers revisits the principles upon which security for costs may be granted by the Court.

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AI’s value in Dispute Resolution is growing – but keep your human brain engaged

In our latest Alternative Dispute Resolution series article Tracey Summerell and Aileen Banks of Dentons UK and Middle East LLP welcome the use of artificial intelligence in the law, but caution against blind over reliance.

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New and proposed legislation: State of play table 285

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Legal terms explained: Retention

In a construction context, retention typically refers to money that the employer deducts and retains from interim payments due to the contractor as security for the proper completion of the works and/or the rectification of any defects or other non-compliant work.

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Letters of Intent – how to tame the beast

Guest Editor Laughlan Steer of Russell-Cooke LLP laments the all too common approach to letters of intent that is prevalent in the industry. They should be straightforward, but seldom are because best practice is often ignored.

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Reports from the courts: November 2023

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who report on a case that warns parties to avoid linking final dates for payment to the submission of invoices/notices; and one that cautions parties about commencing a ‘true value’ adjudication until outstanding payment obligations have been complied with.

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Construction insurance: what to look out for

There were significant developments in the construction industry this year affecting the insurance outlook which Alan Stone, Tom Green, Zack Gould-Wilson and Rebecca Phipps of RPC examine for clues to what to expect in 2024.

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Construction Law Guide to: Performance security

Our regular guide to key aspects of construction law from DLA Piper has Jennifer Price-Thomas explain various types of performance security.

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Recent building safety cases: the courts are getting stuck in

Sarah Alexander of Dentons UK and Middle East LLP reviews recent court decisions relating to the growing number of building safety related cases since the Building Safety Act 2022 came into force. Developers face prosecution for failing to comply with improvement notice deadlines, one case confirms.

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