Insights
13th May 2025
The High Court decides that text messages exchanged over WhatsApp form a binding contract
In the recent decision of Jaevee Homes Limited v Fincham [2025] EWHC 942 (TCC), the High Court has concluded that a binding contract (with a value of nearly…
Insights
5th February 2025
The recent judgment of Placefirst v Car Construction
The Technology and Construction Court provides guidance on payment notices, pay less notices and default payment notices in the recent judgment of Placefirst v Car Construction. Background: Placefirst…
Insights
30th September 2024
Final Certificates and conclusive evidence provisions
Landmark construction projects have a habit of generating interesting and, possibly landmark, court judgments. The recent extensive redevelopment of Battersea Power Station is an example of this rule…
Insights
30th August 2024
Court provides important clarification on JCT termination provisions – Providence Building Services v Hexagon Housing Association
In the recent case of Providence Building Services Ltd v Hexagon Housing Association Ltd, the Court of Appeal was asked to consider an issue about the proper construction…
Insights
26th February 2024
Mistry and Ors v Wallace Estates Limited – remediation orders and a question of relevant defects
Case law is now starting to trickle through and currently, in the spotlight, are the First-tier Tribunal (FTT) cases concerning Remediation Orders (RO) and Remediation Contribution Orders (RCOs).…
Insights
23rd February 2024
Van Herpen v Green and Green – The provision of Gas Safety Certificates and associated Building Regulations Compliance Certificates
Background - Van-Herpen v Green and Green (2023) This case concerned a claim by a landlord for possession on the basis of an expired Section 21 notice. The…
Insights
21st February 2024
The FTT’s first decision on the identity of Accountable Persons – can a Tribunal appointed manager be an ‘Accountable Person’ under the Building Safety Act?
The Building Safety Act 2022 (BSA) is ripe for litigation in the context of both its meaning and effect. Canary Riverside (a bit like the BSA is expected…
Insights
5th February 2024
Triathlon Homes LLP v Stratford Village Development Partnership & others
In a significant case applying the Building Safety Act 2022 (“BSA”) the First Tier Tribunal (“FTT”) has made an £18 million contribution order against a developer, which includes…
Insights
29th January 2024
High Court provides clarification on JCT contractor termination rights and confirms dangers of getting it wrong
The recent High Court decision of Providence Building Services Limited -v- Hexagon Housing Association Limited [2023] provided clarification on a contractor’s right to terminate its employment under a…
Insights
10th November 2022
New Homes Ombudsman Service
The New Homes Ombudsman Service (‘NHOS’) has been introduced as part of changes brought in by the Building Safety Act 2022 (‘the Act’). Under the Act there is…