Construction analysis: The Technology and Construction Court (TCC) refused to stay proceedings arising from an application for a building liability order (BLO). The respondents to the BLO application argued that the proceedings should be stayed until the conclusion of a court action concerning liability for the defects to which the BLO related. In rejecting this argument, the court gave valuable guidance on the procedural aspects of BLO applications.

Section 130 of the Building Safety Act 2022 (BSA 2022), empowers the High Court to make a building liability order (BLO) if it considers it ‘just and equitable’ to do so. By making a BLO, the court can impose liability for defective building works on companies associated with the company that originally carried out the works. More specifically, BLOs are orders that ‘any relevant liability’ of a corporate body (the ‘original body’), in relation to a specified building, is also a liability of another corporate body, or a joint and several liability of two or more corporate bodies, who are associated with the original body (‘associates’). A relevant liability is a ‘liability (whether arising before or after [28 June 2022]) that is incurred’ by the original body: • under the Defective Premises Act 1972 (DPA 1972). A party will be liable under DPA 1972 where, in carrying out works in relation to dwellings, it fails in its duties under either DPA 1972, ss 1 or 2A, to do the works in a workmanlike or professional

A licence allowing a contractor to go on site in order to carry out works. Usually required where the employer does not actually own the site.

As described in Practice Note: Building Safety Act 2022—key provisions and issues, the Building Safety Act 2022 (BSA 2022) introduced a rigorous regime of building control processes and other legal requirements in respect of ‘higher-risk’ buildings (HRBs). For information on which buildings constitute HRBs, see Practice Note: Building Safety Act 2022—what is a higher-risk building? Much of the detail of this regime is set out within the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, SI 2023/909 (referred to in this Practice Note as ‘the HRB Regulations’). Alongside this, the Building Regulations etc. (Amendment) (England) Regulations 2023, SI 2023/911 (made pursuant to BSA 2022) introduce a new Part 2A to the Building Regulations 2010, entitled ‘Dutyholders and Competence’. This part of the Building Regulations creates roles for specified dutyholders during construction projects. It sets out the duties that they must comply with, and the competence requirements for individuals and organisations who may hold those roles. The focus of those duties is is to provide greater accountability for those involved in projects

This Practice Note offers practical guidance and tips for in-house lawyers on how to build and improve relationships with individuals within the business. Understanding the pressures which they are under Whether you prefer to refer to those you work with as your ‘clients’ or ‘business colleagues’, the starting point for building a relationship is to see the world through their eyes. There are all sorts of pressures your colleagues could be under, these may include: • time deadlines • sales/profits/costs targets • corporate governance requirements • competitive landscape • regulation • new processes or procedures • limited experience in role/sector/industry The business world is unforgiving. If we fail to recognise and understand the pressures facing our business colleagues, or fail to work with them in a way that helps relieve these pressures, all parties may end up feeling exasperated or demoralised which is not conducive to building a great relationship and being seen as an effective business partner. To properly understand what is important in their world, you need to understand your business’s

This Practice Note provides an overview of the ‘Compliance Plan Approach’ (CPA). The CPA is a compliance quality system that will apply to the design and construction of certain ‘High Risk Buildings’ (HRBs) in Scotland. Under this system, the actions of parties involved in the design and construction process and local authority building control verifiers will be planned, recorded, and reported on—largely through implementation of a ‘Compliance Plan’ (CP) created for the project. The guidance in this Practice Note focuses on the policy and legislative context of the CPA, details of the projects to which it will apply, its proposed requirements, and its practical implications. It assumes some background knowledge of existing building control processes in Scotland, as created under the Building (Scotland) Act 2003 (B(S)A 2003). It is critical to note that the CPA is not yet law. The Scottish Government proposes that the CPA will become law, through the passage of new legislation. It has stated that draft legislation, mandating the use of the CPA on in-scope projects, will be laid

In the years since the Grenfell Tower fire of June 2017, the government has made clear that it intends to hold the construction industry to account for practices that contributed to the prevalence of unsafe cladding and other building safety defects in residential buildings. The position of construction product manufacturers and suppliers has been a particular focus: the Grenfell Tower Inquiry exposed serious failures in the testing, certification, marketing and supply of certain cladding and insulation products, while the cost of investigating and remediating affected buildings continues to be borne by building owners, developers, contractors, leaseholders and the public purse. This Practice Note considers the principal measures that the government may use, or promote, to obtain or compel redress from construction product manufacturers and suppliers under the Building Safety Act 2022 (BSA 2022). It focuses on two mechanisms: costs contribution orders (CCOs) and building industry schemes (BISs). The key points, each of which is explored further in this Practice Note, are: • legislative provisions for CCOs are in force, but remain enabling powers.

Property Disputes analysis: The appeal in Triathlon Homes v Stratford Village Development Partnership & Others was heard together with Adriatic Land 5 Ltd v Leaseholders of Hippersley Point by the Court of Appeal in March 2025. Common to both appeals was the question of the retrospective operation of key provisions in the Building Safety Act 2022 (BSA 2022). In Triathlon, Lord Justices Newey, Nugee and Holgate unanimously dismissed the appeal by Stratford Village Development Partnership and Get Living Plc against five remediation contribution orders (RCOs) made by the FTT totalling c. £16m under BSA 2022, s 124. The court rejected the appellants’ wide ranging and detailed attack on the FTT’s application of the ‘just and equitable’ test contained in BSA 2022, s 124 and held that RCOs can be made in respect of sums incurred before the BSA came into force in June 2022. Written by Camilla Chorfi, barrister at Falcon Chambers, who acted for the intervening Secretary of State.

Construction analysis: The government proposes to create a ‘Responsible Actor Scheme’ that it will expect residential property developers to join, as part of its strategy for binding developers to rectify historic building safety defects. In this article, we look at the details of the Responsible Actors Scheme, the consequences of failing to join it, and the legislative powers underlying it.

A building society within the Building Societies Act 1986 (as amended).

This Practice Note provides guidance on building the business case for learning and development (L&D). L&D represents a significant investment for any firm. With so many potential solutions on offer, it is essential to establish the business case for any planned L&D activities to demonstrate its contribution to the bottom line. This is necessary to secure initial investment and to demonstrate ongoing value to the business. Any L&D solution must be closely aligned with business goals to justify expenditure. The challenges of building a business case for L&D The key challenge for a business case is that, while the costs of L&D are generally straightforward to identify, the benefit or return on investment (ROI) is often hard to pin down. When things go wrong, it is easy to blame the fact that people have not been trained, but when things are going well it is difficult to establish exactly what the effect of a lack of training has been. It is important to ensure the potential L&D contribution

When you take over a new team, you need to build trust with your new colleagues as quickly as possible in order to get the best performance. You are also inevitably going to encounter conflict and challenge, resolving this quickly and effectively will make sure this doesn’t impact on your results. This Checklist can be used to gain an understanding of how you approach building trust and managing conflict in a team and to identify potential improvement areas. Yes No Need to do more Building trust I am sincere and avoid doing