The Construction Briefing is an alternative way of learning about key developments in construction law, with the Practical Law Construction editorial team discussing some of the wider issues those developments raise. Episode 10 is now available and in it, Michelle and Yassir:
- Highlight that the Building Safety Bill received Royal Assent and is now known as the Building Safety Act 2022 (BSA 2022). We discuss when we expect its provisions to come into force (starts at 1:12).
- Consider O’Farrell J’s judgment in Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC), where she reminded us that section 111 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) creates an immediate obligation to pay the notified sum, and the right to adjudicate (under section 108) to obtain a true valuation is subjugated to that payment right (starts at 24.40).
- Discuss Lord Braid’s judgment in Van Oord UK Ltd v Dragados UK Ltd [2022] CSOH 30, where the court held the adjudicator materially breached the rules of natural justice and so declined to enforce the adjudicator’s decision (starts at 37.25).
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