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Searching Content indexed under Construction & Planning by DAC Beachcroft LLP ordered by Published Date Descending.
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Homes Of The Future
In this short collection of views, we consider the trends that will shape housing in the mid 21st century. Demographic shifts, new technology...
UK
3 Oct 2019
2
Real Estate Tip Of The Week: To Repair Or Improve – What Are The Tax Implications?
The concepts of "repairs" and "improvements" are treated differently for tax purposes and so it is important that property owners take this into account.
UK
10 Sep 2019
3
Planning Conditions: No Longer Fit For Purpose?
The number of young adults living with their parents continues to grow.
UK
3 Sep 2019
4
Trading Names And Adjudication Referrals – Can A Jurisdictional Challenge Succeed?
An interesting challenge of jurisdiction case was recently heard in the Technology and Construction Court concerning an Adjudication brought against the trading name of the responding party
UK
3 Sep 2019
5
A Warning To Residential Occupiers – When Can The Exemption Against Adjudication Be Thwarted?
The recent decision of the Technology and Construction Court (TCC) in ICCT Ltd v Pinto [2019] EWHC 2134 (TCC) demonstrates circumstances in which residential occupiers
UK
3 Sep 2019
6
Construction Risks Newsletter - August 2019
Welcome to the August version of DACB's construction risks newsletter. Adjudication case law still dominates the Construction Court's work, with a number of new pieces of law
UK
3 Sep 2019
7
Identifying The ‘Primary Activity' On-Site – Engie Fabricom UK Ltd V MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC)
In Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd, the Court refused to enforce an adjudicator's decision because it found that the Defendant had reasonable prospects of showing that the primary
UK
3 Sep 2019
8
The Court Of Appeal Provides Guidance On The Proper Interpretation Of Clauses Exempting Liability For Loss Or Force Majeure Clauses
1. The decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102, 2019 WL 02617095 has implications for parties drafting and negotiating force majeure and exceptions clauses.
UK
30 Aug 2019
9
The High Court Considers An Adjudicator's Decision And A Failure To Correctly Interpret A Contract
1. Willow Corp S.A.R.L. and MTD Contractors Limited [2019] EWHC 1591 (TCC) is one of the first reported cases regarding the severability of an adjudicator's decision.
UK
30 Aug 2019
10
Occupational Stress In The Construction Sector
In 2018 82,000 cases of ill-health were reported in the construction sector. 25% of those cases related to mental ill-health including stress, anxiety and depression.
UK
29 Aug 2019
11
Housebuilder Top Tip: NMA To A RMA OK?
In the recent case of Fulford Parish Council v City of York Council, the local authority (York) sought to approve a non-material change to a reserved matters approval.
UK
28 Aug 2019
12
Real Estate Tip Of The Week - Proving Intention To Redevelop
Landlords who oppose the grant of a new lease on the basis of an intention to redevelop must not neglect to consider the effect of the redevelopment on third parties, and the potential impact on its ability to commence works...
UK
14 Aug 2019
13
Date Of Knowledge Clarification - UK Insurance Ltd v (1) Carillion Specialist Services Ltd (2) Construction Auditing Services Ltd [2019] EWHC 1588 (TCC)
UK Insurance Ltd v (1) Carillion Specialist Services Ltd (2) Construction Auditing Services Ltd [2019] EWHC 1588 (TCC)
UK
9 Aug 2019
14
Housebuilder Top Tip: The Danger Of Relying On Prescriptive Rights
One of the first issues that is considered in any development proposal is the adequacy of existing easements for the provision of an appropriate access into the site and for servicing the site.
UK
2 Aug 2019
15
Real Estate Tip Of The Week - Claim Deadlines For Collateral Warranties
The case of Swansea Stadium Management Co Ltd v City & County of Swansea Interserve Construction Limited [2018] EWHC 2192 (TCC) serves to remind the beneficiaries of collateral warranties to be alert to deadlines.
UK
29 Jul 2019
16
Innovative Responses
Two recent experiences re- focused my thoughts on the homes that will be built in the future – houses or apartments, rented or owned. The first was DAC Beachcroft's involvement in judging
UK
10 Jul 2019
17
Real Estate Tip Of The Week - Reasonable Endeavours
Does a reasonable endeavours obligation prevent the giver from manipulating events so as to make compliance impossible?
UK
10 Jul 2019
18
The 'Intelligent Era' For Real Estate
The coming Intelligent era, marked by pervasive and ambient connectivity, together with artificial intelligence, will rewrite the foundation of many of our assumptions about business.
UK
5 Jul 2019
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