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Duty to Warn, Following Instructions, and the Defective Premises Act 1972

Section 1(1) of the Defective Premises Act 1972 (DPA) provides that a person who takes on work in providing a dwelling must ensure it is done “in a workmanlike or professional manner” and that the result is “fit for habitation.” The DPA can extend liability for defective workmanship beyond the typical six or twelve-year limitation periods - sometimes up to 30 years. As a result, contractors (and other construction professionals) (“Relevant Persons” for the purposes of this article) may face claims long after they would ordinarily be time-barred.

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Construction Anaïs Berriman Construction Anaïs Berriman

Introduction to Construction Law Principles

Construction law encompasses a complex framework of legal principles governing procurement methods, contractual obligations, and dispute resolution mechanisms within the construction industry. The choice of procurement strategy—whether traditional contracting, design and build, or a hybrid approach—significantly impacts risk distribution, project control, and cost management. Additionally, contractual provisions governing timelines, payment structures, and adjudication play a crucial role in mitigating disputes and ensuring compliance with legal and regulatory requirements. Understanding these principles is essential for employers, contractors, and legal professionals to navigate the complexities of project execution while mitigating potential conflicts.

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Building Safety Levy 2025: Legal Considerations for English Developers

Building safety has become a central concern in England following high-profile failures that have exposed weaknesses in construction regulation. In response, the government has implemented the Building Safety Levy, a mandatory financial contribution from developers intended to fund the remediation of unsafe buildings. This Levy, set to take effect in September 2025, forms part of the Building Safety Act 2022 and is a fundamental shift in how the construction industry bears responsibility for past and future building safety issues.

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Construction, Energy Anaïs Berriman Construction, Energy Anaïs Berriman

COP26 - Impact on Your Industry

For nearly three decades the UN has been bringing together almost every country on earth for climate change summits, or COPs (‘Conference of the Parties’), with COP26 being the 26th annual summit. Over that time, the subject has gone from being a peripheral matter to a global priority - with many believing it to be the world’s last real chance to get climate change under control.

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Grenfell, Cladding, and Compensation

72 people died in the Grenfell fire disaster. The causes of the deaths encompass a number of factors.

However, the impetus for the rapid spread of the fire was evidently the use of Celotex polyisocyanurate foam (banned in the United States) for insulation in the cladding panels, and the absence of fire breaks. The findings of the subsequent public inquiry make it plain that many more buildings are at risk. In response, the Government has made £3.5bn available to rectify the problem.

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Construction Anaïs Berriman Construction Anaïs Berriman

Coronavirus - Should I Adjudicate?

Whilst the coronavirus outbreak has severely disrupted many projects, construction operations have not been suspended by Government and disputes in respect of them will continue to occur: indeed, the crisis may increase their incidence. Therefore, parties may wish to know whether they can still adjudicate.

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Construction, Important Updates Anaïs Berriman Construction, Important Updates Anaïs Berriman

Construction Contracts and Covid-19

Employers, contractors and subcontractors on existing projects will need to understand their rights and obligations in view of the problems caused by coronavirus.

Those problems are exacerbated by the Government’s current equivocal response to the crisis: construction operations are not (yet) prohibited, but have been rendered immeasurably more difficult. Contractors and subcontractors, in particular, will be looking to see whether the law can help.

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Construction, Important Updates Anaïs Berriman Construction, Important Updates Anaïs Berriman

What is 'Practical Completion'? The Court of Appeal Finally Weighs In!

Whether practical completion (PC) has been achieved on a construction project is perhaps one of the most fertile grounds for dispute and has potentially wide-reaching implications.

Despite this, the term is used by lawyers and construction professionals so frequently, and with such conviction, as to defy anyone to debate its meaning. This norm may be considered surprising in light of the fact that the term is so rarely defined in construction contracts.

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