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Victoria Kempthorne

Mitigating the increased risk of insolvency in the construction industry

The UK construction sector is experiencing an increasing rate of insolvency, with recent data revealing that construction firms accounted...

21/11/24
Gordon Chan

Supreme Court rules collateral warranty is not a construction contract

The Supreme Court of the United Kingdom has handed down a significant judgment for the construction industry earlier today (9 July 2024)....

09/07/24
Anna Dyde

Pay now, argue later! How far does that concept go under the Construction Act?

‘Pay now, argue later’.  It is often said that is the nature of the payment and adjudication procedures in the Housing Grants,...

12/01/24
Elizabeth Thomson

When is a collateral warranty not a construction contract?

By Victoria Kempthorne In Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2021] EWHC 2110,...

26/08/21
Timothy Willis

The art of interpretation in dispute resolution: Lessons from BDW Trading v Ardmore Construction

As a construction professional, I am certain that you have by now come across the judgment in BDW Trading Limited v Ardmore Construction...

20/03/25
Nicola Gooch

Micro Homes & Straw Houses: Alternative Methods of Construction Hit the News

Solving the housing crisis is undoubtedly a difficult thing to do, which might be one of the reasons why there has been so little...

01/09/17
Irwin Mitchell

Construction sneezes - does the economy get a cold?

I'm a lawyer, not an economist (and so part of the burgeoning service sector growth!), but I cannot help but be worried by the continued...

27/10/15
Gordon Chan

Payment notices are red, payless notices are blue… but it’s the substance within that’s true!

According to King’s College London’s third construction adjudication report published in November 2024, the Technology and Construction...

13/02/25
Alex Delin

TCC confirms adjudicator’s power to award payment to responding party in VMA v Project One

A short judgment was handed down by the TCC recently in VMA Services Ltd v Project One London Ltd [2025] EWHC 1815 (TCC) which is well...

12/08/25
Nicola Gooch

We Need to Talk: s.106 Agreements, CIL Payments & Stalled Sites

There is a lot for developers to think about right now. Everything from the availability of building supplies, to force majeure clauses...

30/03/20
Joanne Moseley

Does an employee have to exhaust the grievance procedure before they can claim constructive dismissal?

That was the issue the EAT had to decide in the case of Nelson v Renfrewshire Council. Facts Ms Nelson was a learning and support teacher...

09/10/24
Elizabeth Thomson

Slip and Slide: two lessons from Adjudication

Construction expert, Ben Couldrey, considers the decision of the Technology and Construction Court on 18 December 2020 in Aqua Leisure...

02/03/21
Natalie Cane

New JCT 2024 – Sustainability / ESG

The new JCT Design and Build contract, 2024 edition has been released, and as we have seen, there have been a number of updates to the...

06/06/24
Elizabeth Thomson

Building Safety Bill - beware longer limitations

This article, by Natalie Cane, first appeared in Architecture Magazine Claims under contracts can only be commenced within a certain time...

14/10/21
Irwin Mitchell

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25

A case comment by Zoe Williams and James Mapley The Supreme Court has unanimously allowed Bresco’s appeal to determine that where...

19/06/20
Lydia Robinson

Liquidated Damages, The Triple Point Case, and the New JCT

The Joint Contracts Tribunal (JCT) has released its new Design and Build Contract 2024. A new clause (2.29.5) relating to liquidated...

04/06/24
Gordon Chan

Taking a Risk with the Contract? The Good Faith Provisions in JCT DB 2024

This article is part of Irwin Mitchell’s “thought pieces series” on the JCT Design and Build Contract 2024 (DB 2024), by members of the...

05/06/24
Jeremy Ladyman

WhatsApp messages can be valid contracts

The High Court has delivered a pivotal ruling recently in Jaevee Homes v Fincham [2025] EWHC 942 (TCC)  that confirms enforceable...

29/07/25
Elizabeth Thomson

Adjudication: ‘the good can and should be severed from the bad’

A dispute over the late completion of a hotel in Shoreditch has resulted in another significant judgment on the status of adjudication....

29/07/19
Victoria Kempthorne

RAAC – what are the implications for schools?

On 31 August 2023 the Department for Education (“DfE”) announced that schools and colleges with reinforced autoclaved aerated concrete...

03/10/23
Irwin Mitchell

Chinese Walls Come Tumbling Down - A v B [2020] EWHC 809 (TCC)

It is well established that an expert acting in a dispute owes a duty to the tribunal to provide evidence that is impartial and...

14/04/20
Alex Delin

The Building Safety Levy

Following the 2017 Grenfell Tower tragedy, the Building Safety Act 2022 (the “Act”) was introduced to improve the design, construction...

17/03/25
Nicola Gooch

Innovation and Planning: can the planning system adapt to 3D Printed Houses?

There has been a lot of discussion recently about new methods of construction, from modular, factory led methods of construction to...

06/07/18
Irwin Mitchell

Time to Take Note - MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC) by Ben Couldrey and James Mapley

In MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC), the TCC provided a useful illustration of...

23/06/20
Bella Kagoma

The Building Safety Act 2022 and how it impacts commercial properties

The Building Safety Act 2022 (“the Act”), which received Royal Assent on 28 April 2022, is being brought into force in stages. The Act...

20/09/23
Nicola Gooch

DCLG's New Year's Resolution: Build More (Starter) Homes

It is the first working day of 2017 and already we have two announcements from DCLG - both of which are centred on delivering housing....

03/01/17
Alexandra Addington

Redundancy selection: qualifications and age discrimination

To dismiss someone fairly for redundancy you must adopt a procedure that is fair and reasonable in all of the circumstances.  Part of...

25/06/25
Timothy Willis

The JCT Target Cost Contract 2024 – what is it?

The JCT Target Cost Contract 2024 (TCC 2024) is a new addition to the JCT 2024 contract suite, comprising a Main Contract, Sub-Contract,...

23/07/25
Victoria Kempthorne

New JCT Design and Build Contract 2024 published

Last week the JCT published the long-awaited new design and build contract, the first of the new suite of 2024 JCT contracts. In this...

22/04/24
Elizabeth Thomson

What’s in a name? Disputes and dismissed claims

When disputes arise regarding the developer of any given project, it can lead to dismissed claims if all names don’t align. Micah Hall, a...

16/06/21