27 September 2017
Preparing for the results of the Consultation on ‘Leasehold’ Houses
At the end of July the Government announced a new consultation on the ownership structure of new build Homes in England, following the surge in recent years in new build Leasehold houses.
25 September 2017
Lessees beware - Insurance proceeds are not enough!
It is not unusual to see in a long Lease of a residential flat, a Landlord's right to terminate or for the Lease to automatically determine, in the event of damage or destruction of the flat or block where it is not possible to reinstate the block within a certain period, usually 3 years. The lease will then provide for the insurance proceeds to be divided between the Landlord, the Tenant and the other lessees of the block in such proportions as the parties agree, having regard to their respective interests.
10 July 2017
Unclear contract terms – sign up to them at your peril
The judgment in GB Building Solutions Limited (in administration) –and– SFS Fire Services Limited (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) illustrates yet again the importance of clearly defining terms and, in particular, critical dates in construction contracts. This is one in a series of recent cases in which the TCC judges have re-affirmed their strict approach to contract interpretation.
22 March 2017
Why mining searches are advisable regardless of location: the property buyer’s modern day canary
It is not unusual for property buyers in the UK to find a reference to ground instability in the report on title prepared by their solicitor. Clay-rich soils, on which many UK cities and towns are founded, are prone to shrinking and swelling with changes in moisture content. This may cause significant structural damage to buildings and costs insurers hundreds of millions of pounds a year. Property owners are advised not to allow the ground to become too dry or too wet and not to plant or remove trees in the vicinity of their properties.
21 February 2017
At a loss about the 2016 changes to the JCT Design and Build Contract?
It has been five months since the publication of the JCT Design and Build Contract 2016 (the “JCT DB 2016”).
Many of the amendments to the 2011 edition are form over substance with the objective being to make the JCT DB 2016 more user-friendly by using clearer and more consolidated drafting. There are also more options for users, such as provision for a performance bond, parent company guarantee and sub-contractor third party rights.