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The time during which the construction contractor designs and builds the facilities.
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Building Safety Act 2022—Golden Thread Information—checklist This Checklist sets out the requirements that must be met when setting up the facility housing the golden thread information, a list of the documents that should be included in the electronic facility containing the golden thread information which must be created and updated during the construction of a ‘higher-risk’ building and then handed over to the person acting as the ‘principal accountable person’ (PAP) during the occupation of that building. This is needed in relation to works which consist of the construction of a new higher-risk building (HRB) or works to an existing HRB (for information on the criteria for establishing if the building is an HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?) and, where the works are related to an HRB, to ensure the requirements in Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (HRB Procedures Regulations), SI 2023/909, reg 31(1) are met. For more information on the construction and occupation requirements for HRBs generally, see Practice Notes:...
Pre-construction services agreement—checklist This Checklist sets out the key issues to consider when drafting or reviewing a pre-construction services agreement (PCSA). It is important to remember that the content and scope of PCSAs will depend on the type of services required of the contractor and the estimated length of the pre-construction period. As a result, the drafting can vary considerably. See Practice Note: Pre-construction services agreements for more on PCSAs. PCSAs normally combine elements taken from a letter of intent, a consultant's appointment and a building contract. The essential clauses are similar to those found in a letter of intent, but with additional provisions to deal with liaising with other parties and preliminary works being carried out on site. However, unlike a letter of intent, PCSAs are drafted as conventional legal agreements with separate sections for parties and recitals. Key issues and clauses • Background A PCSA should contain a recitals or background section which explains the basis for the appointment and the intention of the parties. It should be...
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JCT contracts 2016—what's changed? [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note brings together our content on the changes made in the 2016 editions of the Joint Contracts Tribunal (JCT) standard form construction contracts. Publication of the 2016 editions The 2016 editions of the JCT standard form contracts were published as follows: Date Contracts published 15 June 2016 Minor Works Building Contract family (MW, MWD and MWSub/D) 20 July 2016 Short Form of Sub-Contract (ShortSub)Sub-subcontract (SubSub) 22 September 2016 Design and Build family (DB, DBSub/A and DBSub/C) 31 October 2016 Standard Building Contract family (SBC/Q, SBC/AQ, SBC/XQ, SBCSub/A, SBCSub/C, SBCSub/D/A and SBCSub/D/C) 21 November 2016 Collateral Warranties (CWa/F, CWa/P&T, SCWa/E, SCWa/F and SCWa/P&T) 7 December 2016 Intermediate Building Contract family (IC, ICD, ICSub/A, ICSub/C, ICSub/D/A, ICSub/D/C, ICSub/NAM, ICSub/NAM/C, ICSub/NAM/E) 30 March 2017 Constructing Excellence Contract (CE)Consultancy Agreement (Public Sector) (CA)Framework Agreement (FA)Major Project Construction Contract family (MP and MPSub)Measured Term Contract (MTC)Pre-Construction Services Agreement (PCSA and PCSA/SP)Prime Cost...
Promoting a compulsory purchase order, including preparing the order and order documents and making the order Context There are a large number of statutory provisions which grant compulsory purchase powers for specific purposes to specified bodies, see Practice Note: Sources and limits of compulsory purchase powers. Authorisation of compulsory purchase is commonly conferred by a compulsory purchase order (CPO), which is made by the specified body (the acquiring authority) and then confirmed by the confirming authority (which is the minister having the power to authorise the acquiring authority to purchase the land compulsorily, or an inspector appointed by that minister to act instead or in some cases the acquiring authority). This Practice Note focuses on the procedure for promoting a CPO to which the Acquisition of Land Act 1981 (ALA 1981) applies. ALA 1981 applies to most compulsory acquisitions by public bodies, although separate procedures may apply, for example, where compulsory acquisition is proposed as part of development consent orders under the Planning Act 2008 (PA 2008) which...
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Lease of a rooftop area to an electronic communications operator—new code HM Land Registry Prescribed Clauses [ LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord’s title number [s] [title number(s) out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [[OPTION 1 — name of Landlord (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2 — name of Landlord (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration number BR[number])] (overseas entity ID [[number] OR not required]) whose registered office is at [address]] Tenant [[OPTION 1 — name of Tenant (not an overseas entity)] [of OR incorporated in...
Lease of a rooftop area to a telecommunications operator—previous code [Archived] LR1. Date of the lease [date in its full format DD-Month-Year] LR2. Title Number[s] LR2.1 Landlord's title number [s] [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number[s] against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [Landlord's name and address] Tenant [tenant's name and address] Other parties LR4. Property In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. [details of the Property] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003 ...
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A developer wishes to sell the freehold of a residential development. It has exchanged contracts for all the apartments but completion has not yet occurred. If the developer sells between exchange and completion of the apartments, must it comply with the right of first refusal provisions of the Landlord and Tenant Act 1987? Part I to the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when he proposes to dispose of it. For further information, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Application Under LTA 1987, ss 1–20, the right of first refusal applies where premises: • consist of the whole or part of a building • contain two or more flats held by qualifying tenants, and • the number of flats held by qualifying tenants exceeds 50% of the total number of flats contained in the premises For further information, see Practice Note: Landlord...
Where a building contract is signed as a deed but does not expressly set out the limitation period for bringing a defects claim under it, when does the 12-year liability period run from? The general rule is that the limitation period will commence on the date on which the cause of action arises. A distinction is to be made between claims made in contract and in tort—for contractual claims, the cause of action accrues on the date of the breach (regardless of whether any damage is suffered or whether the other party knows of the breach) but for claims in tort, the cause of action does not generally accrue until damage is suffered. For defects claims or claims about the works based on breach of a building contract, this will often be from the date of practical completion, even where the contract does not expressly state this. In Oxford Architects v Cheltenham Ladies College, the court noted that there is generally an obligation on the contractor to...
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Planning analysis: In Tottenham Hotspur v Haringey LBC, the court had to consider a claim that a planning decision to permit a large new residential development in North London had been made unlawfully. The judge considered the threshold for a lawful assessment of the heritage impact of a development scheme, and the lawfulness of the use of a section 106 agreement and planning conditions to address crowd safety obligations. This judgment reiterates the importance of benefits to the local area in the decision-making process of large-scale development applications and restates the legal principles underpinning lawful decision-making by local planning authorities (LPAs). Written by Sarah Fitzpatrick, partner and head of Planning and Rebecca Bell, trainee solicitor at Norton Rose Fulbright.
The Ministry of Justice (MoJ) has announced that a new 214-place houseblock will be constructed at HMP Stockden to help improve prisoner employment prospects. The MoJ has said it will offer new prisoner classrooms and fitness facilities for offenders to aid rehabilitation and is expected to provide more than 100 jobs for local people and ex-offenders during the construction period. The MoJ has said the houseblock will also include a partnership with the logistics company DHL through a purpose-built workshop that will assist prisoners with building skills in the logistics industry. According to the MoJ, the houseblock is expected to be completed at the end of 2023, with the first prisoners arriving in early 2024.
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