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Nearly four years have passed since the Grenfell tragedy and the impact continues to reverberate around the construction industry. Claims relating to defective cladding, insulation and cavity barriers have become depressingly commonplace. But one area where we are seeing an increasing focus is claims relating to mechanical and engineering services.
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
Modern methods of construction may be a solution for the UK housing crisis but what risks do insurers face? We explore the risks across all stages of the construction process and look at what solutions insurers can adopt.
We consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products.
Case review 29/09/2020
The court was recently asked (RSK Environment Ltd v Hexagon Housing Association Ltd [30.07.20]) to determine, via the Part 8 procedure, whether the nature and scope of a consultant's duty of care in tort was limited by the terms of its appointment with a third party.
Last week, the Grenfell Tower Inquiry heard evidence from Exova, Studio E and Rydon the fire engineer, architect and main contractor on the Grenfell Tower project respectively.
Case review 16/07/2020
Proceedings stayed by Head of the TCC due to “unreasonable and oppressive behaviour” by the claimant
Kennedys’ contentious construction team recently succeeded in being granted a stay of proceedings and security for costs in the Technology and Construction Court on behalf of the defendant, Donald Insall Associates (DIA) in which DIA was represented by Paul Cowan of 4 New Square.
Figures from The Royal Institute of British Architects (RIBA) suggest a growing trend towards disciplinary complaints. We previously considered why this trend exists. Here, we take a look at what steps to take when responding to a complaint.
Kennedys’ Christopher Butler and Lee Cooper, together with Paul Cowan and Simon Hale of 4 New Square, have recently successfully represented a party in the defence of ‘post-Grenfell’ cladding claims relating to the exterior cladding of high rise buildings, and the compliance (or otherwise) of those cladding systems (panel and insulation) with the relevant building regulations in force at that time.
Case review 05/04/2019
Kennedys’ construction team recently succeeded in the enforcement of an adjudicator’s decision in the Technology and Construction Court on behalf of the claimant whereby Mrs Justice O’Farrell granted Summary Judgment in DIA’s favour despite several (unsuccessful) jurisdiction challenges from the defendant.