When quiet enjoyment means just that

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment covenant or the obligation not to derogate from grant.  They must take all reasonable steps to … Read more

Getting ready for high speed broadband

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London From 1st January 2017, all new buildings and many renovations will be required to incorporate provision for infrastructure to connect to high speed electronic communications networks. This is the effect of the Building (Amendment) Regulations 2016 implementing an EU Directive to the same effect. The … Read more

Compensation for closure of a dangerous structure

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London In this post, we examine the Supreme Court decision in the case of Hastings Borough Council v Manolete Partners Plc on 27 July 2016.  The court considered whether a local authority was liable to pay compensation where it had taken emergency action under the Building Act … Read more

Brexit: some indirect implications for development and planning

Author: Matthew White, Partner and Head of Planning, Real Estate, London There are many briefings on what Brexit means for real estate and I don't intend to repeat them in this blog entry. There are only so many ways of saying that the outlook remains uncertain and some transactions are likely to be put on … Read more

A clause in standard terms of business which are only partially incorporated in a contract may be ‘unreasonable’

Authors: Tim Healey, Partner, Construction and Engineering, London and Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London The Unfair Contract Terms Act 1977 (UCTA) can apply to contracts where one party's standard terms are partially incorporated – Commercial Management (Investments) Ltd v Mitchell Design & Construct Ltd [2016] EWHC 76 (TCC).  Developers may benefit … Read more

Construction: The eight pillars of Level 2 BIM

Author: Sarah Rock, Associate, Construction and Engineering, London Following my recent blog post providing a general introduction to BIM, I will now explore the levels and dimensions of BIM and what makes up the Government mandated Level 2 BIM.    There are widely adopted definitions of maturity for BIM which use levels graded according to … Read more