Building Voices CMS

In this episode, Conor Rodgers invites David Turner to discuss his recent experience advising the construction industry on nuclear projects in the UK. David reflects on his ongoing involvement with the Sizewell C and Hinkley Point C projects to discuss:
What is driving the growth of the nuclear sector in the UK, including net zero targets and ambitions for energy security.
The role of Great British Nuclear in identifying opportunities for new nuclear projects.
Challenges to the construction industry in managing nuclear projects, and how those can be addressed.
What’s next for the sector, including the new technologies on the horizon.

In this episode, Anne Thompson and Tim Atwood look at the recent TCC decision of Providence Building Services Limited v Hexagon Housing Association Limited [2023] EWHC 2965 and the meaning of the JCT termination provisions for repeated breach. They also look at the practical steps parties can take to protect themselves.
The episode focuses on:
The key JCT clauses on repeated breaches
The key facts from this case
What the court considered
What the impact is for employers and contractors alike and what steps they can take
The possibility that it is all going to change again in the Court of Appeal
You can also find out more by reading Tim's article on termination for repeated breach and late payment under the JCT.

In this conversation between Emma Hutchinson, Aimie Farmer, Gregor Woods and Ellie Black, we discuss the ongoing impact of Reinforced Autoclaved Aerated Concrete (“RAAC”).
The discussion covers the health and safety considerations of having RAAC in a property, who RAAC claims could be brought against and what practical steps can be taken to mitigate against the risk of RAAC.
This episode covers:
The impact of RAAC
Health and safety considerations of RAAC
What RAAC means for landlords and tenants and who is liable
Possible claims brought against employers, occupiers and landlords
What mitigating measures can affected parties take
 

In our latest episode Conor Rodgers and Jane Fender-Allison, both of CMS’ ICE Disputes team, discuss what you need to know about "smash and grab" adjudications.
They recap what they are, what their counter true value adjudications are and what the latest case law tells us. 
In short, that case law now means paying parties in construction contracts have to be extra vigilant in meeting their obligations around payment and notices under the Construction Act regime, or face tight restrictions on when they can start a true value adjudication.  
Topics of discussion include:  
What is a “smash and grab” adjudication?
What is a “true value” adjudication – a key way for a paying party to recover from a smash and grab and restore the parties’ underlying entitlements
What has the position been on when a true value adjudication can be kicked off?
What the latest case law tells us – how an immediate payment obligation arises once there is a notified sum, even if a smash and grab adjudication has not been raised; and the court’s view on whether a “genuine dispute” on payment notices allows a true value adjudication to be started in the absence of payment
Four key points to remember about when a true value adjudication can be started
To read more on this please see CMS’ update here: Smash and grab” vs “true value” adjudications: where are we now? (cms-lawnow.com)

Podcast number 18 forms part of a mini series on the Building Safety Act and takes the format of a discussion between Frances Gordon-Weeks of CMS and Wen Jin Teh of Keating Chambers.
Key points to consider are:
Changes brought in by the Defective Premises Act
Changes brought in by section 38 Building Act
To read more about the Building Safety Act, please see CMS’ updates here:
Building Safety Act 2022: overview and commencement (cms-lawnow.com)
Building Safety Act 2022: a shift in the liability landscape (cms-lawnow.com)
Building Safety Act 2022: the new approvals regime for higher-risk buildings (cms-lawnow.com)
Building Safety Act 2022: implications for leaseholders and the cost of making buildings safe (cms-lawnow.com)
The Fire Safety (England) Regulations 2022 (cms-lawnow.com)
Building Safety Act Register opens next month: a step-by-step guide to (cms-lawnow.com)

In this episode, Anne Thompson and Emma Hutchinson review key cases on termination in 2022, focusing in particular on the JCT 2016 form of contract. 
This episode gives guidance to employers to help them understand the risks and pitfalls that arise if they deviate from the contract wording on termination. 
We cover:
where and how to serve notices of termination
who has to serve the notices
when the notices have to be served
what those notices should contain, and
what happens if an employer gets a termination notice wrong
To read more about the decisions, please see links to the judgments below:
Struthers & Anor v Davies (t/a Alistair Davies Building) & Anor [2022] EWHC 333 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/333.html
Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2598.html
Manor Co Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2715.html