Planning House’s Post

In this article, Chris Dickson, CMS, explains how the recent court case decision confirms the previous finding that the payment terms linking the final payment date to an invoice are not in line with the UK Construction Act. Following the UK decision in Rochford Construction Ltd v. Kilhan Construction Ltd [2020], the October 2020 amendments to the Y(UK)2 clause in NEC4 Professional Service Contract (PSC), Term Service Contract (TSC) and Design Build and Operate Contract (DBOC), address this issue to ensure they no longer linked final dates for payment to submission of an invoice. Read more: https://lnkd.in/emz2BAbJ #payment #contract #service #professionalservice #design

Planning a C3 to C4 HMO Conversion? Here’s How to Navigate Local Council Approval 🏠 Converting a single-family property into a House in Multiple Occupation (HMO) can be a great investment, but understanding council requirements is key. Here’s what to know about securing local council approval for a C3 to C4 conversion: 🔹 1. Why Council Approval Matters Local councils ensure that HMOs meet safety, density, and community standards. Without approval, HMO operations can face fines or even forced closure. 🔹 2. Planning Permission and Article 4 In certain areas (Article 4), C3 to C4 conversions require planning permission to manage HMO density and maintain neighborhood standards. Check with your council to confirm if permission is needed. 🔹 3. Council Evaluation Criteria Councils assess various factors to approve conversions: Room Size & Layout: Each room must meet minimum size standards. Safety Regulations: Fire doors, alarms, and clear evacuation routes are a must. Tenant Management: Councils often require a plan for property maintenance and tenant relations. 🔹 4. Application Process Submit detailed plans, pass inspections, and anticipate a timeline of several weeks to months for approval. A complete application is crucial for a smooth approval process. 🔗 Want a step-by-step checklist? Download our Planning application checklist for HMO Conversions [https://lnkd.in/eQbq-Qqs] to ensure your C3 to C4 conversion meets all local council requirements. Have questions on the C3 to C4 process? Contact us to make sure your HMO project gets off to a compliant start. Visit: www.plandome.co.uk #C3toC4Conversion #HMOApproval #CouncilRequirements #PropertyInvestment #UKProperty #PlanningPermission #HMOSafety #LocalCouncilRegulations

I did put a comment on here about how they meet point 1... as with all the limelight and regulatory changes and protocols, this combined inspection is no longer allowable so I understand. ICW Group - Building Warranties & Building Control are promoting they can do this and I asked how ? My comment was deleted! What do you think Geoff Wilkinson is this misleading? #buildingcontrol #warranty

Our next Construction Focus On... Webinar is being held on September 18, 2024. The link to sign up is below. Between an election resulting in a new Government and Prime Minister, and a number of recent cases on prescription, collateral warranties and no loss, it's been quite the year for 2024. My colleagues Ebony Bennett, Martyn Stevenson, Hayley Marie Swanson and Anita Crozier will be on hand to talk you through everything you need to know. #constructionlaw #cmslaw

Excited to share that Robert Tunningley and I have an article in the latest issue of The Property Institute AQD! Dive into pages 17-18 to explore the judgment in Providence Building Services Ltd v Hexagon Housing Association Ltd, covering late payments and termination rights under the JCT D&B 2016. Don't miss it! #PropertyLaw #LegalUpdate #construction #JCT

3 important changes have been made to the Building Safety Act 2022 through the Leasehold and Freehold Reform Act 2024 🚨 The changes came into force on 24th July and include those relating to the cost of litigation and will mean residents who manage their own buildings can apply for a Remediation Contribution Order and split costs among leaseholders. This a limited exemption to the leaseholder protections under the Building Safety Act, which otherwise protects qualifying leaseholders from freeholders passing on the costs of remediation. Further changes can be found on the UK government website here: https://buff.ly/46tlGv9 #BuildingSafety #Reform #UK

The recent Scottish appeal court decision in FES Ltd v HFD Construction Group Ltd [2024] CSIH 37 has once again underscored the importance of strictly adhering to the notice requirements under the contract. In this case, the appeal court affirmed the decision of the lower court and ruled that the notification of claim for loss and expense is a condition precedent under the SBCC (and JCT) contracts. As we see in our practice often, the contractor's failure to issue timely notices could mean that it loses its right to recover its claim for loss and expense. In our latest briefing, HFW's Andrew Ross and Arpan Gupta review the case and discuss the key takeaways. Read the full article here: https://lnkd.in/evEkX6_G To find out more about our Construction practice, visit: https://lnkd.in/eCh-dN7q #Construction #ConstructionLaw #ConditionPrecedent #Notices #LossAndExpense #JCT #SBCC #Recovery

#Notices: Get them in Parties can sometimes be reluctant to serve notices under a contract. This can happen for a range of reasons: the point has been discussed informally, the party may think that the fact that an instruction or event may have a particular consequence may be obvious, or they do not want to appear 'too contractual' A recent decision of #Scottish appeal court provides a cautionary tale about the importance of serving notices when required by the #contract. My HFW #construction colleague, Arpan Gupta, with a little input from me (I translated the quaint phrases like 'reclaiming motion'....) explain more about the decision in this article Three other important points arising from the decision: 1. #Courts and #Tribunals may sometimes take a practical approach to deciding if a party has got a notice in on time or in the right format. Here, the contract was unclear on what was required on those two issues and the court said that, if those were the issues, they may have been flexible in their view. But crucially there was no notice - the court had nothing to work with ⚖️ 2. Under #EnglishLaw and #ScotsLaw, if the wording of a contract is clear, the courts will generally apply that wording. This is especially the case if the contract wording is skillfully drafted and the contract negotiated between sophisticated, well advised parties. The fact the wording produces a "harsh" result when followed through, is tough luck 📝 3. Conditions precedent - These are cotract provisions that say something specific has to happen before a right arises. Some condition precedent wording can be relatively innocuous. Tread carefully ⚠️ #ConstructionDisputes #ConstructionContracts

From government contracts to multi-family developments, our diverse expertise echoes our dedication to redefining excellence. #vernon #constructionmanagement #generalcontracting #designbuild #nyc #construction #realestatedevelopment

Collateral warranties will not be "construction contracts". Case: Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP). Case Background: The dispute arose from alleged fire safety defects at a care home built by Simply Construct (UK) LLP, which had provided a collateral warranty to Abbey Healthcare (Mill Hill) Ltd. Abbey Healthcare initiated adjudication proceedings to recover remediation costs, leading to the legal question of whether the warranty constituted a construction contract. Primary Legal Question: The case addressed whether a collateral warranty is a "construction contract" under Part II of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act), thereby giving rise to a right to statutory adjudication. Supreme Court's Unanimous Holding: The Court unanimously held that the collateral warranty in question was not a construction contract within the meaning of section 104(1) of the Construction Act, so the beneficiary had no right to statutory adjudication. Criteria for Collateral Warranties: A collateral warranty will not be considered an agreement “for” the carrying out of construction operations under section 104(1) if it merely promises to perform obligations owed to someone else under the building contract. Case:https://lnkd.in/gHicuPmC #caselaw #collateralwarranty #constructionlaw #aact #qsonline #siteminds