Property

Commercially focused advice for your property management and investments.

Blogs from our legal experts:

  • In conversation – Euan Hall, The Land Trust
    The health and wellbeing aspects of the availability and use of green spaces have come to prominence in the past year. They have, of course, been an integral part of the planning of our cities, towns and villages for many years, and the emphasis on good quality open spaces in our new communities has been a focus for planning authorities in consenting new developments for some time. Read more...
  • Fire Safety Update
    Following our article in February on the latest on cladding, click  Fire Safety Update for Kate Warren and my thoughts on the latest announcements regarding fire safety and cladding. Read more...
  • The future of construction
    The UK Government has recently committed to cut emissions by 78% by 2035 as part of its overall target to reach net-zero by 2050, and as those who attended our recent Webinar on building net-zero will know (please find access to the recording here) the ability of the UK to meet these targets is going to largely rely on the development of new technologies (some of which are as yet unknown), and this applies as much to the UK construction sector as any other.
  • Trends in the construction industry
    Last year I wrote about seven construction industry trends emerging during COVID-19. Nearly a year later, I have updated this article and added an eighth trend. Click here to read the updated article and discover what the eighth trend is.
  • Mapping the FutuRE - an interactive map of the future
    Our Real estate team has launched ‘Mapping the FutuRE’, an interactive map giving a vision for the future of Real Estate.  From their broad experience working with clients across the sector, the team share views on trends evolving in a new and ever changing landscape. The map offers insights and predictions on a wide range of topics affecting the real estate industry... 
  • Climate Contract playbook releases further construction clauses
    Earlier this year Samuel Ash Croft blogged about the Chancery Lane Climate Contract Playbook, third edition. Click here for his blog.  As Samuel mentioned in his blog, the Playbook provides precedent drafting to help parties to commercial transactions address climate change in a variety of legal documents. Samuel mentioned some of the commercial and construction clauses available. The playbook is free to access on the Chancery Lane Project website.
  • Green Transport update
    In the March 2021 budget the UK Government reiterated its commitment to reach net-zero greenhouse gas emissions by 2050. A key part of reducing emissions is the transport industry. The intended ban on the sale of new cars and vans powered by petrol and diesel from 2030 has placed a spot light on the green alternative methods of transport, with a focus on electric cars and hybrid cars which in turn requires a focus on green infrastructure in the form of electric vehicle (‘EV’) charging points.
  • Modern Methods of Construction (MMC) boost in the Budget
    The Government announced in the budget that the Ministry of Housing, Communities and Local Government (MHCLG) will establish an MMC Taskforce, backed by £10 million of seed funding, to accelerate the delivery of MMC homes in the UK. The Taskforce's aim is to fast-track the adoption of MMC. 
  • Patient capital investment in real estate development 
    Patient capital investment represents a long-term commitment to a real estate development project.  It is made by investors who can wait for a return on their capital through the whole development cycle of a project. Read more...
  • The first two PPNs of 2021
    Here are details of the first two PPNs for 2021...
  • The latest on cladding 
    The Government has recently announced further proposed measures for addressing cladding issues. Click here for our thoughts on the announcements and the questions that they raise.
  • Top tips - delay and disruption claims 
    Following our recent webinar on delay and disruption claims - you will find a link to the recording and slides here - I have 5 top tips for those bringing or defending disruption claims...
  • Top tips 4 and 5 - delay and disruption claims
    My fourth tip is maintain and organise records: having created the factual evidence and the audit trail to be able to later tell your version of events, make sure you have an organised record keeping system so that your evidence of disruption isn’t lost or difficult to find... 
  • Top Tip 3 – delay and disruption claims 
    The third top tip in relation to delay and disruption claims is about recording disruption. Claims for disruption live and die by the contemporaneous factual evidence.
  • The NEC launches its Facilities Management Contract (part 2) 
    Following my blog on the NEC Facilities Management (FM) contract earlier this week, this blog deals with Z clauses for the FM contract. The NEC’s approach remains ‘brevity is best’. Whilst this approach may assist with the management of contracts, it is likely that clients and service providers will include a number of Z clauses. 
  • The Construction Playbook
    The Construction Playbook Version 1 (sub-heading ‘Government Guidance on sourcing and contracting public works projects and programmes’) was issued in December 2020. It builds on the Outsourcing Playbook, the second version of which was issued in June 2020. Read more...
  • Procurement Post-Brexit
    As per the guidance published by the Cabinet Office in late 2020 (discussed by my colleague Caroline Foster in her blog which can be found here), from 1 January 2021 the Find a Tender Service (FTS) is now in use and has replaced the Official Journal of the European Union in the UK for above threshold tenders. This means that contracting authorities will need to publish public procurement notices for new procurements to the FTS... 
  • The NEC launches its Facilities Management Contract (part 1)
    The NEC has added a facilities management contract to its stable. It hopes that its FM contract will be used for a range of FM contract approaches including total FM contracts, integrator contracts, multiple and single supplier FM contracts. Read more...
  • Building Better, Building Beautiful Commission: Planning Proposals
    A series of proposals to local planning policies have been announced by the Housing Secretary, Rt Hon Robert Jenrick MP following a report by the Building Better, Building Beautiful Commission. Read more...
  • Update – Covid-19 and Business Interruption Insurance
    Further to my blog post back in September, the Supreme Court has handed down judgment relating to certain business insurance policies. In this ‘leap frog’ appeal to Supreme Court, the Supreme Court was asked to consider the meaning and effect of infection/notifiable disease clauses, prevention of access clauses, hybrid (of disease and prevent of access clauses) clauses and ‘trends’ clauses (which adjust the recoverable loss based upon trends in the market which would have affected the insured business).
  • Septic Tanks and Treatment Plants: Avoid Falling Foul of the Rules
    Over the past six or so years, a number of updates to the law governing the discharge of sewage have bred confusion amongst homeowners, homebuyers and, indeed, solicitors. This article aims to briefly summarise the position and to help those affected to avoid falling foul of the rules. Read more...
  • Is repurposing and transforming unwanted retail, hospitality and automotive property stock the way to solve the 2030 care home bed crisis?
    Research undertaken by JLL suggests that the UK will need some 10,000 new beds per year for every year until 2030 in order to meet demand and avert a looming bed crisis. 

  • Extension of deadlines for the Building Safety Fund and a £30 million fund to install fire alarms
    An early Christmas present for some yesterday when the MHCLG announced that the deadlines for the Building Safety Fund were being extended and that there is to be an immediate £30 million fund for building owners to install fire alarms in high rise buildings awaiting remediation.

  • Modern Methods of Construction and Milestone Payments 
    Modular build often provides for milestone payments. It can make sense – the modular contractor can, for instance, incur up-front costs in developing a prototype product which the paying party does not want to pay for until it can see something tangible.

  • Project Bank Account - practical considerations and NEC4 update
     A Project Bank Account (PBA) is a ring-fenced account from which payments are made directly and simultaneously by an employer to all the members of the supply chain on the contractually agreed dates. It therefore protects the sub-contractors and suppliers against non-payment or a potential insolvency of the contractor.
  • Modern Methods of Construction and Milestone Payments 
    Modular build often provides for milestone payments. It can make sense – the modular contractor can, for instance, incur up-front costs in developing a prototype product which the paying party does not want to pay for until it can see something tangible.
  • The long-term vision of the master developer 
    The master developer as a landowner, often working with a development manager, owns a large site that is planned for comprehensive development.  Typically, a project will be built out in phases over a number of years by different developers, following a masterplan approved under an overarching planning consent. Read more...
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