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BSA: Higher-Risk Buildings Regulations now in force - Property Managers Take Note
The Government has been working on safety measures for high rise buildings following the Grenfell Tragedy to provide comfort to residents in order for them to feel safe in their homes.
Read moreTo be or Knot to be, a nuisance?
One year on , has the recent decision of Davies v Bridgend County Council (BCC) helped or hindered that goal?
Read moreSt James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts
The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.
Read moreBuilding Safety Levy – Government Undertaking Second Consultation
The Government has just announced it is commencing another consultation on building safety, this time by way of second consultation on the Building Safety Levy ("the Levy").
Read moreIs an Alternative Dispute Resolution (ADR) clause a condition precedent? And even if it is, is it always enforceable?
The Case of Children's Ark Partnerships Ltd v Kajima Construction (Europe) UK Ltd and another [2022] EWHC 1595 (TCC) considers ADR clauses in more detail and highlights the importance of ensuring there is sufficient detail regarding the ADR process within the contract, failing which may result in serious consequences including challenges to the court's jurisdiction and a stay of proceedings.
Read moreEWS1 update
A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.
Read moreRICS revised Rules of Conduct – coming soon
The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.
Read moreDoes it matter if "the price is right"?
The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.
Read moreThe Week That Was - 5 November 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 29 October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 22 October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 8th October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 1 October 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 24 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 17 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSanctions and next steps
Further to our previous articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Hearing, this final article considers the sanctions the PCC can impose and briefly considers what steps can be taken if an unfavourable decision is reached.
Read moreThe Week That Was - 10 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Building Safety Bill – time for property managers to prepare
The way high-rise buildings are managed in this country is changing.
Read moreThe Week That Was – 3 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 27 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreNew RICS guidance for valuers - Another step in the right direction for valuers
RICS has produced a Guidance Note for the valuation of residential leasehold properties for secured lending purposes, aimed at providing valuers with a best practice guide when undertaking valuations in what has been a turbulent sector over the last 5 years.
Read moreThe Week That Was – 20 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Building Safety Bill – a welcome change?
Following the Grenfell tragedy on 14 June 2017, the Government appointed Dame Judith Hackitt, former Chair of the HSE, to undertake an independent review of building safety in high-rise buildings. Dame Judith commented that the current system is "far too complex" and "lacks clarity as to who is responsible for what" with "inadequate oversight and enforcement". She wanted her recommendations to form the foundation of a clearer, simpler and more robust approach to the building and management of high-rise residential buildings. Her report was published in May 2018.
Read moreThe Week That Was – 13 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreFire Safety Act 2021: Clarification for the Responsible Person
The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.
Read moreThe Week That Was – 6 August 2021
Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.
Read moreArchitect receives 12 month suspension over "ugly duckling" home cinema design
Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.
Read moreKnot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed
The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.
Read moreDisciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect
Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.
Read moreNew RICS Guidance for Risks, Liability and Insurance April 2021
The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.
Read moreFire safety – at last, some welcome news for surveyors
We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.
Read moreThe RICS key to unlock the market?
In December 2019, the RICS launched a new form, the EWS1, to assist with the process of valuing properties within all residential buildings over six storeys (18 metres). In the wake of the Grenfell Tower tragedy, lenders were needing to understand whether materials used for cladding/insulation were safe and would require remediation at a cost that would have impact on the value of the property. The EWS1 form was intended to provide a quick route to ascertain whether works were required that might have an impact on value.
Read moreDisciplinary investigations against architects #5 - Referral to Professional Conduct Committee
Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.
Read moreBuilding on renewable energy #3 – Anaerobic Digestion
Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.
Read moreBuilding on renewable energy #2 - Wind power
Wind power is, unsurprisingly, generated by wind (typically as little as a light breeze) passing over and turning the turbine's blades. The blades are connected via a shaft and gearbox to a generator, which converts the kinetic energy into electrical energy. A transformer then increases the voltage of the generated energy to enable transmission to the grid.
Read moreDisciplinary investigations against architects #3 – The review stage
Further to our previous two articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage we explain the next stage of a disciplinary investigation against an Architect, the review stage.
Read moreDisciplinary investigations against architects #2 - Complaints to the ARB
Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.
Read moreTechnology in Insurance
On 16 June 2022 RPC hosted an afternoon of talks and panel sessions on the theme of 'Technology in Insurance', the culmination of the firm's TechWeek which brings market experts and lawyers together to discuss risks and opportunities with new technologies within different business sectors.
Read moreNew CMA Guidance on the Digital Markets Regime published for consultation
The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.
Read moreThe Digital Markets, Competition and Consumers Act – the Competition Perspective
This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.
Read moreDigital Markets, Competition and Consumers Act becomes law
Following the announcement of a date for the general election, the Digital Markets, Competition and Consumers Act (DMCC) rapidly sped through the final stages of parliamentary processes to become law on 24 May 2024
Read moreOfcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act
In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.
Read moreThaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.
Read moreCriminal Liability for Senior Managers under the Online Safety Act
Under the Online Safety Act (OSA), senior managers of in-scope services could be held personally liable in certain circumstances for the company's non-compliance with obligations within the legislation.
Read moreThe Online Safety Bill is set to become law
The Online Safety Bill will shortly become law in the UK as soon as it receives Royal Assent. The legislation will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing wide-ranging obligations on in-scope services with serious consequences for non-compliance.
Read moreGenerative AI and intellectual property rights—the UK government's position
The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.
Read moreSilicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?
In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.
Read moreNew Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency
For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).
Read moreDigital services providers—Commission to focus on implementation phase of EU consumer protection legislation
The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?
Read moreThe EU Digital Markets Act - a focus on gatekeeper obligations and sanctions
What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?
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