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Fenwick Elliott Partner Ben Smith was joined by Mathias Cheung of Atkin Chambers for a practical case law update which examined what recent decisions mean for parties drafting and administering construction contracts.
The TCC has handed down a landmark decision in Crest Nicholson v Ardmore, granting both anticipatory and adjudication based Building Liability Orders and providing important guidance on the scope and application of the BLO regime. This blog examines the judgment and what this decision means in practice for developers, contractors and associated companies.
In this article, Ben Smith and Caitlin Binns consider how these the themes arising out of the Building Safety Act 2022 have developed over the last twelve months and how you can address them in your construction contracts.
In this article, Ben Smith, with contributions from Oliver Weisemann and Millie Nash, examines the judgment from Monier Road Limited v Nicholas Alexander Blomfield and Other Leaseholders and discusses the key legal implications for those operating in the construction and property sectors.
The UK Supreme Court handed down its much-anticipated judgment in the case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The appeal was heard by a full panel of 7 justices who dismissed URS’s appeal on all 4 grounds. The judgment runs to 88 pages and is a must read for anyone working in the construction sector. This article examines the judgment, discussing the key issues arising and practical implications for those likely to be affected, including developers, contractors, consultants and insurers.
Ben Smith, Oliver Weisemann and Tajwinder Atwal consider the English High Court’s ruling to set aside a £70 million award after discovering no arbitration occurred and the award was fabricated.
Ben Smith and Huw Wilkins discuss the latest developments, recent case law and what is on the horizon in respect of the Building Safety Act.
Ben Smith and Tajwinder Atwal provide an update on a recent ruling from the English High Court upholding a challenge to arbitral awards obtained by fraud.
Ben Smith, together with Samantha Jones from 39 Essex Chambers, provides advice on surviving the new higher-risk buildings regime, focusing on the role of dutyholders, gateways and the golden thread.
Ben Smith is joined by barrister Samantha Jones of 39 Essex Chambers to discuss the latest developments, recent case law and what is on the horizon in respect of the Building Safety Act.
The Court of Appeal’s recent judgment in URS Corporation v BDW Trading Ltd provides useful guidance on key sections of the Building Safety Act 2022 and the Defective Premises Act 1972, relating to fire safety claims.
Ben Smith, Oliver Weisemann and Tajwinder Atwal discuss the rise of ESG as a novel supply chain pressure, and the expansion of legal responsibility to cover actions of the supply chain.