Real Estate Law Blog

23 January 2019

The Default Position: Negotiating Events of Default under a loan agreement - what should a borrower be wary of?

Events of Default are most often found in the context of loan agreements and are similar to termination rights that may be found in commercial agreements, albeit with potentially different consequences. An Event of Default is an event or circumstance relating to a borrower or its activities which will give rise to a right for a lender to refuse to make any further advances, demand immediate repayment of a loan, make a term loan repayable on demand and/or enforce its security.

Anna Shonfeld

21 December 2018

A ban on combustible cladding; a Joint Regulators Group; a new health and safety test for architects - The Hackitt Report six months on

In construction, “underpinning” is the process of strengthening the foundation of an existing structure in order to provide stability in cases where the original foundation is not strong enough. In respect of building safety, the Hackitt Report seeks to change the ethos of the industry by strengthening the existing foundations and introducing new ideas to build upon them.

Luke Gregory

29 November 2018

“Improving transparency and integrity of information”- The impact of the Golden Thread on Principal Designers and Principal Contractors

In my previous blog, I concluded my review of how the roles and responsibilities of the key CDM duty holders may be applied to Higher Risk Residential Buildings (“HRRBs”). In this blog, I will explore the Hackitt Report’s recommendation for the introduction of a ‘golden thread’ of quality building information and what that means for Principal Designers and Principal Contractors.

Luke Gregory

2 November 2018

Right of Escape: Is it a licence or an easement?

It is not uncommon to find old buildings in Central London relying on a secondary means of escape over adjoining property, based on an old Deed providing for a right of escape (sometimes mutual). It can be very difficult, especially post Grenfell, to make an old building compliant with a single staircase means of escape, if the secondary means of escape ceases for any reason. Firstly, it may not be possible (for e.g. the single staircase may not have sufficient capacity), secondly, the cost may be prohibitive and/or thirdly it may restrict the potential uses of the building in the future.

David Newnham

25 October 2018

“Clarifying leadership, management and competence” | Applying the CDM Regulations to HRRBs | Part 2

In my previous blog I provided an overview of the history of health and safety legislation, and analysed the Hackitt report’s recommendation that the CDM Regulations should be extended to HRRBs. I concluded by looking at how the proposals may impact clients (as defined by the CDM Regulations). I continue the theme in this blog by reviewing the potential implications on the other CDM duty holders – Designers, Contractors, Principal Designers and Principal Contractors.

Luke Gregory

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