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A recent decision has clarified the law relating to the execution of deeds and highlighted some pitfalls that the parties to settlement agreements need to be mindful of, as Richard Bartle and Keith Shaw find out ‘Most practitioners are well aware of the difficulty of proving that ‘unconscionable’ behaviour actually has occurred, although that doesn’t …
Continue reading "Contract: Deeds that go undelivered"
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With recent news of significant numbers of borrowers breaching their secured loan covenants, should surveyors and valuers be bracing themselves for a further surge of professional negligence claims? Neil Jamieson and Tom White investigate ‘Where firms have had to make redundancies this may lead to fewer people monitoring compliance with risk management procedures.’Surveyors and their …
Continue reading "Surveyor And Valuer Claims: The tip of the iceberg?"
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Michael Smith reports on a recent high court decision concerning the complex issue of triggering events for overage payments ‘Overage agreements continue to present a myriad of traps for the unwary. The importance of a seller ensuring that adequate security protecting the seller’s right to overage is put in place cannot be overstated.’Renewal Leeds Ltd …
Continue reading "Overage: Implied obligations"
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Sarah Youren reviews a case that highlights the planning issues raised by protected species, and updates on the Cala Homes saga The Habitats Regulations (the Regulations) can prove somewhat of a headache for all those who get involved with them. The hardest thing is working out what needs to be done when, and by whom. …
Continue reading "Planning And Environment Focus: Habitats Regulations"
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Rosalind Cullis assesses in what circumstances third party professional fees are recoverable ‘Claims for damages in dilapidations cases are rarely based just on disrepair and extend to other heads of claim such as loss of rent, VAT and third party professional fees.’Particularly in the current economic climate, dilapidations claims can become costly affairs as both …
Continue reading "Terminal Dilapidations Claims: Recovery of fees"
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Ron Reid clarifies the key elements of the Act, and whether the delay in its introduction should mean a delay in compliance for commercial organisations ‘Both individuals and corporate entities can be guilty of active and passive bribery as well as the bribery of foreign officials. However, to prosecute a corporate entity for those offences, …
Continue reading "Bribery Act: Should you delay compliance?"
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Are concurrent liabilities a thing of the past for contractors? Alexandra Anderson looks at a recent case dealing with the issue ‘The fact that one party to a contract owes another party a contractual duty of care does not automatically give rise to a concurrent duty of care in tort to prevent economic loss.’Every contractor …
Continue reading "Professional Negligence: Limitations on recovery"
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Tracy Marshall assesses the impact of adverse weather on construction projects and completed buildings ‘Developers should be aware of any British and European standards that the contractor is obliged to comply with, some of which relate to whether particular operations can be performed in cold weather.’Unusually heavy snowfall has undoubtedly been a source of chaos …
Continue reading "Construction Contracts: It’s snow joke"
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The Court of Appeal decision in Daejan confirms that the courts will strictly apply the consultation requirements in s20 of the Landlord and Tenant Act 1985. Mario Betts assesses the implications ‘The Court of Appeal could not take into account either the costs of the works or the disproportionate financial consequences for the landlord; to …
Continue reading "Service Charges: Don’t expect dispensation"
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John Condliffe and Matthew D’Arcy discuss some important points arising from the increased use of index-based and fixed-uplift rent review provisions ‘From 1992 to 2008 RPI inflation was always positive (but mostly below 4%).’An emerging trend in commercial lease negotiations is the use of alternative rent review provisions to open market reviews. New leases are …
Continue reading "Landlord And Tenant: Alternatives to the open market rent review"
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