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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.
Can remediation contribution orders (“RCOs”) be retrospective, and what does “just and equitable” mean under the Building Safety Act?
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.
BLOs represent a significant change from the usual principle that a company is solely responsible for its liabilities and allow the Court to hold associated companies accountable for building safety failings, following the “polluter pays” principle. As the body of caselaw under the Building Safety Act 2022 begins to develop, the Court has now made the first BLO and provided
Following the Grenfell Tower fire in 2017 and the three-year anniversary of the BSA, building safety has been at the forefront of a significant number of conversations in and around the construction industry. The building safety environment is constantly evolving, via secondary legislation, developing policies, and a growing body of caselaw and judicial comment.
Amongst the changes introduced by the Building Safety Act 2022 was the introduction of building liability orders aimed at restricting the practice of setting up “special purpose vehicles” to carry out developments which were subsequently wound up following completion. As Huw Wilkins explains that these new orders are intended to enable the High Court to “pierce this corporate veil”. Ensuring that responsible parties are held accountable is essential for maintaining industry integrity.
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.
Marina Samountry compares the ongoing fire safety and cladding issues in the UK and the “leaky building” issues in New Zealand, looking closely at the consequences of these issues and lessons learned.
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.