GoLegal’s Post

Builders Cannot Use the Excuse of Failure of Timely Payment by Allottee When There is a Delay in Construction Work In a significant legal update, it has been ruled that builders cannot justify delays in construction by blaming the allottee’s delayed payments. Ensuring timely project completion is crucial for maintaining trust and compliance in the real estate sector. 🔗 Read more about this pivotal decision here: https://lnkd.in/gSuF5vvR #RealEstateLaw #LegalUpdate #ConstructionDelay #Builders #PropertyLaw #IndiaLawllp

In a recent decision, the High Court considered whether a payment claim had been validly served under the Construction Contracts Act 2002. The decision is an ever-important reminder that the CCA is designed to maintain cashflow in the #construction industry. Alex Lyall tells us more: https://lnkd.in/d79dRmme #Building #Builders #Contractors #CCA #BuildingDisputes #BDT

Some very welcome clarity from the Supreme Court confirming that collateral warranties are not 'construction contracts' for the purposes of the Construction Act. Of course, this does limit the right to adjudication for beneficiaries, so if you have any queries over the implications of this judgment on your projects, or would like advice on drafting any new warranties to include a right to adjudicate, please get in touch. #Construction #SupremeCourt #Adjudication #ConstructionContracts

My latest #constructionlaw update about a recent Court of Appeal decision regarding the interpretation of a termination provision in the widely used JCT Design and Build Contract 2016. #construction #solicitor

The UK Supreme Court has ruled that a collateral warranty is not a ‘construction contract’ under the 1996 Act, denying statutory adjudication rights. Simply Construct’s warranty, after building a care home with fire safety defects, didn’t meet the Act’s criteria for construction operations. This landmark decision, reversing previous interpretations, affects future construction law and warranty rights, emphasizing explicit contractual terms. The article gives more details, but the case reinforces the importance of keeping up to date with construction contract law and taking professional advice when working on large building projects. #construction #buildingprojects #contractlaw #constructioncontracts

The Supreme Court has unanimously ruled that a collateral warranty is not a "construction contract" for the purposes of the section 104(1) of Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996). This means parties do not have any statutory right at any time to adjudicate any dispute under it. Read more from our Construction team below: #construction #constructioncontract #constructionact #adjudication #collateralwarranty #supremecourt

Hot off the press from the Supreme Court: Most collateral warranties now won’t qualify as a “construction contract” under the Construction Act and statutory adjudication won’t apply to their disputes. To get round this going forwards, parties with an appetite for adjudication will need to include voluntary adjudication provisions in their collateral warranties at contracting stage. Sensible reasoning and result as more fully outlined by Anneliese Day KC #construction #adjudication #spencerwest

Here is a quick read from our #Construction Law team, focusing on turning construction liens into payments in Nebraska. #liens #payments #lawyers

🚨Client Alert: Cozen O'Connor's NYC Real Estate and Construction groups teamed up to offer guidance on recent amendments to New York State's #PromptPaymentAct, which sets a maximum construction contract retainage at 5%. Read more of the alert by Leni Cummins, Jennifer Miller, Rachel Bevans Soloman, and Anthony Riverso: https://lnkd.in/eRYVqYQi #constructionlaw #newyorkstatelaw #nycrealestate

Collateral warranties: Faraz Naqvi of Clarke Willmott explores collateral warranties in UK construction law. He delves into the implications of recent court decisions and clarifies when these warranties may (or may not) be considered construction contracts for dispute resolution. Check our this must-read for professionals navigating the complexities of construction contracts: