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Thinking - Blog

First out the traps: Dissecting the first remediation order under the Building Safety Act

Published on 04 Oct 2023. By Arash Rajai, Partner and Joshua Green, Associate

Our non-contentious construction team have recently contributed an article to Practical Law considering the first remediation order made by the First-tier Tribunal under section 123 of the Building Safety Act 2022 in Waite and others v Kedai Ltd (2023) LON/00AY/HYI/2022/0005 & 0016.

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Press and Media

Whistle-blowing on illegal cartels drops 70% in 5 years

Published on 18 Sep 2023. By Chris Ross, Partner and Arash Rajai, Partner

Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022

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Thinking - Blog

The proposed new RICS Residential Retrofit Standard

Published on 10 Aug 2023. By Alexandra Anderson, Partner and Aimee Talbot, Knowledge Lawyer

We explain the proposed RICS Residential Retrofit Standard and offer practical tips for complying with the new Standard when it comes into force.

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Press and Media

Wilko becomes 'yet another casualty' of tough economic conditions facing UK retailers

Published on 10 Aug 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

'Perfect storm' of rising interest rates, increased energy bills, supply chain issues and squeezed customer spending is hitting retailers hard

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Thinking - Blog

CoA paves the way for the responsible developer

Published on 26 Jul 2023. By Katharine Cusack, Partner and Alexandra Anderson, Partner and Sally Lord, Knowledge Lawyer Manager

Our team explore a recent judgment that touches on crucial factors for developers and construction professionals when dealing with remedying defects in buildings.

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Thinking - Blog

RICS disciplinary process: guidance for surveyors on sanctions (4 of 4)

Published on 27 Jun 2023. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate and Emma Wherry, Senior Associate and Laura Sponti, Associate

This fourth article considers the sanctions the RICS can impose and the next steps for surveyors following a disciplinary decision.

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Thinking - Blog

BSA: new guidance for principal accountable persons to assist in registration with BSR

Published on 09 Jun 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

Our team explain the Health & Safety Executive's new guidance for Principal Accountable Persons detailing what key building information they need to provide when registering a high-rise residential building with the Building Safety Regulator, and what PAPs should be doing now in preparation for registration, which closes on 30 September 2023.

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Press and Media

Rising 'green office' demand will keep construction sector buoyant as new office developments drop 15%

Published on 30 May 2023. By Jon Ely, Partner

An ever-rising demand for sustainable workplaces will keep the construction sector buoyant as the number of new office development projects in England fell 15% between 2021 and 2022, from 434 to 367, according to research by international law firm RPC.

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Thinking - Blog

The fit-out problem

Published on 24 May 2023. By Arash Rajai, Partner and Jon Ely, Partner

An article considering the insurance strategy of fit-out works, which looks at co-insurance following the Court of Appeal's judgment in FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418, the approach under JCT contracts, public liability insurance and the tenant's liability.

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Thinking - Blog

Responsible Actors Scheme forecast for Summer 2023

Published on 11 May 2023. By Katharine Cusack, Partner and Olivia Bradfield, Associate

The Government has recently published secondary legislation setting out its intention to implement its Responsible Actors Scheme (RAS) with further guidance to come by this Summer.

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Thinking - Publication

The Week That Was - 5 May 2023

Published on 05 May 2023. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note

Published on 14 Apr 2023. By Katharine Cusack, Partner

The Government has been working on safety measures for high rise buildings following the Grenfell Tragedy to provide comfort to residents in order for them to feel safe in their homes.

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Press and Media

900k square metres added to UK distribution warehouse space in past year

Published on 27 Mar 2023. By Arash Rajai, Partner

126 full size football pitches worth of distribution warehouse space gained in the last year

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Thinking - Publication

The Week That Was - 24 March 2023

Published on 24 Mar 2023. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Choppy waters ahead? The significance of Oceanfill

Published on 20 Mar 2023. By Elizabeth Alibhai, Partner and Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer

The economic outlook for the UK in 2023 remains uncertain, and more companies may need to restructure their businesses to ensure survival. This

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Thinking - Blog

Register of Overseas Entities – one month since the deadline and thousands still face penalties from failure to register

Published on 06 Mar 2023. By Jon Ely, Partner and Brooke Reed, Associate

The Economic Crime (Transparency and Enforcement) Act 2022 ("the Act") enacted in March 2022 brought into force the register of overseas entities on 1 August 2022. Companies House holds and manages the new register which was introduced to provide greater transparency around UK land ownership. The transitional period ended on 31 January 2023, and as at 3 March 2023, 26,481 out of an estimated 32,440 have registered. Thousands of companies are still to register over a month on from the end of the transitional period, so we've turned our minds to consider the possible consequences of not registering, or delaying registering, as an overseas entity in accordance with the Act, including the potential for the Proceeds of Crime Act 2002 to apply.

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Thinking - Blog

To be or Knot to be, a nuisance?

Published on 02 Mar 2023. By Alexandra Anderson, Partner and Katharine Cusack, Partner

One year on , has the recent decision of Davies v Bridgend County Council (BCC) helped or hindered that goal?

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Thinking - Publication

The Week That Was - 17 February 2023

Published on 17 Feb 2023. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

New building safety requirements

Published on 16 Feb 2023. By Elizabeth Alibhai, Partner and Brooke Reed, Associate

The Building Safety Act 2022 (the Act) is the central plank in the government’s response to the Grenfell Tower disaster. The Act was enacted with the aim of improving the standard of buildings in England and securing the safety of people in or about those buildings, with a particular focus on fire safety.

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Thinking - Publication

The Week That Was - 3 February 2023

Published on 03 Feb 2023. By Ben Goodier, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 20 January 2023

Published on 20 Jan 2023. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Press and Media

RPC expands real estate practice with the hire of Partner, Jon Ely

Published on 17 Jan 2023. By Jon Ely, Partner

International law firm RPC announced today that commercial property lawyer Jon Ely has joined the firm in Bristol as a Partner in the real estate practice.

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Thinking - Blog

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts

Published on 12 Jan 2023. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.

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Thinking - Publication

The Week That Was - 23 December 2022

Published on 23 Dec 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate and Arash Rajai, Partner

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 16 December 2022

Published on 16 Dec 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Building Safety Levy – Government Undertaking Second Consultation

Published on 28 Nov 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Sally Lord, Knowledge Lawyer Manager

The Government has just announced it is commencing another consultation on building safety, this time by way of second consultation on the Building Safety Levy ("the Levy").

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Thinking - Publication

The Week That Was - 25 November 2022

Published on 25 Nov 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

Fire Safety Act 2021: New tool to assist 'Responsible Persons' to prioritise reviewing fire risk assessments

Published on 22 Nov 2022. By Lauren Butler, Associate and Katharine Cusack, Partner and Alexandra Anderson, Partner

The Home Office has published the Fire Safety Act Commencement Prioritisation guidance , to be used by 'Responsible Persons' in complying with their duties under the Regulatory Reform (Fire Safety) Order 2005 (FSO), as amended by the Fire Safety Act 2021 (FSA).

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Thinking - Publication

The Week That Was - 18 November 2022

Published on 18 Nov 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 11 November 2022

Published on 11 Nov 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Two-stage procurement: some key considerations for PCSAs

Published on 02 Nov 2022. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

In our previous blog post, we introduced two-stage procurement and two key options for documenting it (a pre-construction services agreement (PCSA) followed by a separate main works contract and a Combined PCSA/Main Contract) noting that the differences were generally presentational or mechanical. For the purposes of this post, we will refer only to the PCSA and main contract option, but please note that the same principles apply to the Combined PCSA/Main Contract.

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Thinking - Publication

The Week That Was - 28 October 2022

Published on 28 Oct 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Cladding and Valuation: Important RICS guidance under consultation until 31 October 2022 – have your say!

Published on 20 Oct 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The consultation is part of RICS' plan to introduce a new professional standard for valuing properties in multi-storey, multi-occupancy residential buildings with cladding. This will take the form of an RICS-approved technical guidance note, with the objective of supporting an effective homebuying market.

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Thinking - Publication

The Week That Was - 14 October 2022

Published on 14 Oct 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 7 October 2022

Published on 07 Oct 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 30 September 2022

Published on 30 Sep 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Two-stage procurement

Published on 26 Sep 2022. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

In a recent survey undertaken as part of the RIBA Construction Contracts and Law Report 2022, it was reported that over a third (37%) of respondents had used two-stage procurement over the last 12 months. We are similarly seeing two-stage procurement being used more and more in the construction industry, particularly for major building projects. In fact, the majority of recent development projects we have advised on in the UK were procured on a two-stage basis.

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Thinking - Publication

The Week That Was - 23 September 2022

Published on 23 Sep 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 16 September 2022

Published on 16 Sep 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 9 September 2022

Published on 09 Sep 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Is an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?

Published on 08 Sep 2022. By Katharine Cusack, Partner and Ellen Ryan, Senior Associate

The Case of Children's Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd and another [2022] EWHC 1595 (TCC) considers ADR clauses in more detail and highlights the importance of ensuring there is sufficient detail regarding the ADR process within the contract, failing which may result in serious consequences including challenges to the court's jurisdiction and a stay of proceedings.

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Thinking - Blog

Register of Overseas Entities – Register now to keep transactions running smoothly

Published on 07 Sep 2022.

The Economic Crime (Transparency and Enforcement) Act 2022 ("the Act") has been enacted as part of the Government's drive to increase transparency in the ownership of UK land. Companies and other legal entities governed by the law of a country or territory outside of the UK which own land in the UK satisfying certain requirements, or wish to own such land, must now register information with Companies House. A new Register of Overseas Entities ("the ROE") has been created and certain details of the registered overseas entities and their beneficial owners are available to the public.

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Thinking - Publication

The Week That Was - 2 September 2022

Published on 02 Sep 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 26 August 2022

Published on 26 Aug 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 19 August 2022

Published on 19 Aug 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

International Comparative Legal Guide - Construction & Engineering 2022

Published on 15 Aug 2022. By Arash Rajai, Partner and Elizabeth Alibhai, Partner and Alan Stone, Partner and Tom Green, Partner

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Thinking - Publication

The Week That Was - 12 August 2022

Published on 12 Aug 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Press and Media

RPC welcomes new Construction and Engineering Partner to its growing Real Estate and Construction team within its market-leading Commercial group

Published on 09 Aug 2022. By Arash Rajai, Partner

• The move is driven by growing client demand, in particular from the retail and tech sectors, to support their increased construction needs. • RPC has now hired 7 Partners in 2022, in addition to promoting 10 new Partners at the beginning of May across its four offices.

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Thinking - Publication

The Week That Was - 5 August 2022

Published on 05 Aug 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Publication

The Week That Was - 29 July 2022

Published on 29 Jul 2022. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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