The Construction Briefing – A Practical Law Podcast

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.58), before moving on to the NEC4's new practice note on using conflict avoidance clauses (starts at 19.00). They also analyse the judgment in Disclosure and Barring Service v Tata Consultancy Services Ltd [2025] EWCA Civ 380 (starts at 27.22). Finally, they briefly highlight the launch of the new National Infrastructure and Service Transformation Authority (starts at 32.39) and discuss the judgment in Vitsoe Ltd v Waugh Thistleton Architects Ltd [2025] EWHC 850 (TCC) (starts at 36.45).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, including the Government's response to the Grenfell Tower public inquiry report and the new building safety levy (starts at 01:06). They also analyse the judgments in 381 Southwark Park Road RTM Company Ltd v Click St Andrews Ltd [2024] EWHC 3569 (starts at 31:56), BDW Trading Ltd v Ardmore Construction Ltd [2025] EWHC 434 (TCC) (starts at 24:07) and John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) (starts at 38:51). Finally, they briefly discuss the TCC annual report and other construction related news (starts at 45:12).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, including the building safety levy and EWS1 forms (starts at 02.24). They also analyse the judgments in Placefirst Construction Ltd v CAR Construction (North East) Ltd [2025] EWHC 100 (TCC) (starts at 22.05), DKH Retail Ltd and others v City Football Group Ltd [2024] EWHC 3231 (Ch) (starts at 35.17) and Olsen and another v Finansiel Stabilitet A/S [2025] EWHC 42 (KB) (starts at 39.19).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss FIDIC's new practice note on appointing dispute boards and the results of King's College London's 2024 international survey on dispute boards (starts at 02.32). They also analyse the judgments in 381 Southwark Park Road RTM Company Ltd v Click St Andrews Ltd [2024] EWHC 3179 (TCC) (starts at 11.01), BNP Paribas Depository Services Ltd v Briggs & Forrester Engineering Services Ltd [2024] EWHC 2903 (TCC) (starts at 12.53), BDW Trading Ltd v Ardmore Construction Ltd [2024] EWHC 3235 (TCC) (starts at 27.30) and Sky UK Ltd v Riverstone Managing Agency Ltd [2024] EWCA Civ 1567 (starts at 43.29).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (including the government's remediation acceleration plan) (starts at 02.02), before moving on to the judgments in Complete Ceiling and Partitioning Systems Ltd v DE1 Ltd [2024] EWHC 2800 (TCC) (starts at 09.02) and Malin Industrial Concrete Floors Ltd v Volkerfitzpatrick Ltd [2024] EWHC 2890 (TCC) (starts at 20.10). They also discuss the Adjudication Society and King's College's third report on UK construction adjudication (starts at 25.55). Finally, they mention the judgment in My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC) (starts at 38.32).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the judgment in Nicholas Blomfield & Others v Monier Road - Smoke House & Curing House, Bow, London 00BG/HYI/2023/0024 (starts at 00.59), before moving on to other building safety developments (starts at 07.36). They also discuss mandatory mediation in the courts (starts at 11.16), as well as the judgment in Workman Properties Ltd v Adi Building and Refurbishment Ltd [2024] EWHC 2627 (TCC) (starts at 18.39). Finally, they mention the JCT's 2024 Edition of its Major Project Construction Contract family, Prime Cost Building Contract, and Constructing Excellence Contract family (starts at 31.23) and reasons for amending the JCT standard forms (starts at 33.14), before ending the episode by briefly discuss the Autumn 2024 Budget (starts at 42.28).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, (starts at 00.57), before moving on to the JCT's 2024 Edition of its Repair and Maintenance Contract (starts at 05.14) and reasons to amend the JCT standard forms (starts at 08.00). They also revisit the judgment in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 (starts at 28.50) and take a look at Beck Interiors Ltd v Eros Ltd [2024] EWHC 2084 (TCC) (starts at 33.22). Finally, they end the episode discussing the judgment in ATG Services (Scotland) Ltd v Ogilvie Construction Ltd [2024] CSOH 94 (starts at 42.57).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, including the phase two report from the Grenfell Tower public enquiry (starts at 00.53), before moving on to the JCT's 2024 Edition of its Standard Building Contract suite of contracts and its Pre-Construction Services Agreement (starts at 27.32). They also discuss the judgments in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 (starts at 37.10) and CNO Plant Hire Ltd v Caldwell Construction Ltd [2024] EWHC 2188 (TCC) (starts at 54.36). Finally, they end the episode looking at the construction products testing regime and CE marking (starts at 1.02.30).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction are joined by Barry Hembling, Partner at Watson Farely and Williams, to discuss the Supreme Court's judgment in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 (starts at 01.19), before moving on to the King's Speech held in July 2024 (starts at 50.33). They also discuss the latest building safety developments (starts at 53.33) and end the episode with taking a look at the case of Henry Construction Projects Ltd v Promep Ltd [2024] EWHC 1825 (TCC) (starts at 1.00.11).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 01.01), before moving on to briefly mention the JCT Intermediate forms, 2024 Edition (starts at 10.20). They also discuss the judgments in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 (starts at 13.20) and Glover and another v Fluid Structural Engineers & Technical Designers Ltd and others [2024] EWHC 1257 (TCC) (starts at 26.11), before taking a look at a Canadian case from the Supreme Court of Ontario (starts at 35.48).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 01.25), before moving on to briefly mention the JCT Minor Works contract, 2024 Edition (starts at 10.18). They then turn to the judgments in ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (starts at 18.57), TClarke Contracting Ltd v Bell Build Ltd [2024] EWHC 992 (TCC) (starts at 21.15), Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) (starts at 25.51), McLaughlin and Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC) (starts at 34.30) and Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC) (starts at 42.02). Finally, they briefly discuss the forthcoming General Election 2024 (starts at 44.18).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.50), before moving on to highlight the JCT's release of its 2024 Edition Contracts (starts at 12.58). They also discuss the judgment in Vainker and another v Marbank Construction Ltd and others [2024] EWHC 667 (TCC) (starts at 23.30), as well as the meaning of "same or substantially the same" in Wordsworth Contractors Management Ltd v Inivos Ltd t/a Health Spaces [2024] EWHC 617 (TCC) and Engenda Group Ltd v Petroineos Manufacturing Scotland Ltd [2024] CSOH 36 (starts at 30.49).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 00.50), before moving on to the judgments in Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC) (starts at 10.55) and Taylor v Jones and another (Rev1) [2024] EWCA Civ 170 (starts at 30.35). Finally, they also discuss the annual budget (starts at 47.29) and other judgments from around the courts (starts at 49.04).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 01.00), before moving on to the judgments in Lancashire Schools SPC Phase 2 Ltd (formerly Catalyst Education (Lancashire) Phase 2 Ltd) v Lendlease Construction (Europe) Ltd (formerly Bovis Lend Lease Ltd) [2024] EWHC 37 (TCC) (starts at 20.12) and Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC) (starts at 29.53). They also discuss the forthcoming general election and budget wishlists (starts at 37.43). Finally, they end with highlighting various new content pieces published this year (starts at 52.47).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss what to expect in construction law in 2024 (starts at 1.08), before moving on to the judgment in Van Elle Ltd v Keynvor Morlift Ltd [2023] EWHC 3137 (TCC) (starts at 39.15). Finally, they end with a brief discussion on other news of note (starts at 47.26).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 3.12), before moving on to the judgments in Lendlease Construction (Europe) Ltd v Aecom Ltd [2023] EWHC 2620 (TCC) (starts at 24.57), Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 3051 (TCC) (starts at 42.29) and Churchill v Merthyr Tydfil County Borough Council (starts at 55.05). Finally, they end with a brief discussion on NIC's second published National Infrastructure Assessment (starts at 1.12.13).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 0.48 minutes), before moving on to the judgments in ISG Retail Ltd v FK Construction Ltd [2023] EWHC 1718 (TCC) (starts at 24.37 minutes), J&B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 2475 (TCC) (starts at 33.00 minutes) and Crystal Electronics Ltd v Digital Mobile Spectrum Ltd [2023] EWHC 2656 (TCC) (starts at 38.33 minutes). Finally, they end with a brief discussion on things to look out for at the end of 2023 (starts at 47.47 minutes).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments (starts at 1.10), before moving on to the judgment in AZ v BY [2023] EWHC 2388 (TCC) (starts at 11.00), the International Statutory Adjudication Forum's (ISAF) draft model law on statutory adjudication (starts at 22.46) and highlighting new content, including a video on construction disputes in the offshore wind industry and an article on takeover on energy projects (starts at 31.10). Finally, they end with a brief look forward to 2024 and priorities for the next government (starts at 32.36).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction highlight the latest building safety developments (starts at 2.45) and discuss the reinforced autoclaved aerated concrete (RAAC) crisis (starts at 16.42). They then move on to the judgments in Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC) (starts at 31.44), Alun Griffiths (Contractors) Ltd v Carmarthenshire County Council [2023] EWHC 2269 (TCC) (starts at 42.45) and Halsion Ltd v St Thomas Street Development Ltd [2023] EWHC 2045 (TCC) (starts at 52.40). Finally, they end with a brief look at the forthcoming changes to the Civil Procedure Rules, effective from 1 October 2023 (starts at 55.54).

This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction highlight the latest building safety developments (starts at 0.44) and attempt to clear up confusion over CE marking (starts at 7.07). They then consider the judgments in Sudlows Ltd v Global Switch Estates 1 Ltd [2023] EWCA Civ 813 (starts at 10.42), Home Group Ltd v MPS Housing Ltd [2023] EWHC 1946 (TCC) (starts at 22.30), Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010 (TCC) (starts at 31.18) and ISG Retail Ltd v FK Construction Ltd [2023] EWHC 2012 (TCC) (starts at 37.05). Finally, they end with a brief look at some of the highlights from the latest TCC annual report (starts at 48.00).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the Court of Appeal's judgment in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 (starts at 1.50) before turning to discuss a number of other building safety developments (starts at 20.16), BCLP's survey on AI in international arbitration (starts at 33.20), new TCLP construction clauses (starts at 37.20) and JCT 2024 (starts at 39.40).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction look at a number of building safety developments (starts at 0.44), before moving on to the judgments in FK Construction Ltd v ISG Retail Ltd [2023] EWHC 1042 (TCC) (starts at 8.03) and FM Conway Ltd v The Rugby Football Union [2023] EWCA Civ 418 (starts at 16.30). Finally, they end with a brief look at the impact of recent proposed changes to the Retained EU Law (Revocation and Reform) Bill (starts at 22.26).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss 25 years of the payment and adjudication provisions of the Construction Act 1996 applying to construction contracts (starts at 1.18), a number of building safety developments (including registering higher-risk buildings, draft Responsible Actors Scheme Regulations, the Independent Review of Construction Products and new Practical Law materials (starts at 15.12) and two judgments upheld on appeal (Atalian Servest AMK Ltd v BW (Electrical Contractors) Ltd [2023] CSIH 18 and FM Conway Ltd v The Rugby Football Union and others [2023] EWCA Civ 418) (starts at 36.27). They end with the Construction Contracts (Exclusion) (Wales) Order 2023 (WSI 2023/475) (starts at 42.37) and the first edition of the IChemE's engineering, procurement and construction management contract (EPCM), known as the Blue Book (starts at 44.11).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss a number of building safety developments, (starts at 1.03), before moving onto the judgments in JA Ball Ltd (in administration) v St Philips Homes (Courthaulds) Ltd (unreported), 3 February 2023 (TCC) (starts at 19.20) and Elements (Europe) Ltd v FK Building Ltd [2023] EWHC 726 (TCC) (starts at 37.20). They end with a look at items from around Practical Law, like the Spring 2023 Budget and the government's Green Day (starts at 48.16).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss building safety developments (starts at 0.51), including drafting issues that arise in project documents (like agreements for lease (starts at 6.02)). They then move onto items with a numerical theme: four adjudication enforcement judgments (starts at 14.23), the third set of amendments to NEC4 (starts at 37.10), 150 years of the Technology and Construction Court (starts at 43.28), and end in the 17th century, with a discussion about the judgment in Lendlease Construction (Europe) Ltd v AECOM Ltd and another [2022] EWHC 2855 (TCC) (starts at 52.53).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss building safety developments, including the building safety developers' contract, various consultations and LDC (Portfolio One) Ltd v George Downing Construction Ltd [2022] EWHC 3356 (TCC) (starts at 1.00); three adjudication enforcement judgments (Sudlows Ltd v Global Switch Estates 1 Ltd [2022] EWHC 3319 (TCC), LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC) and A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54) (starts at 14.35); notices of dissatisfaction (starts at 26.35); judgment in Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd [2022] EWHC 3275 (TCC) (starts at 32.37); and the Equal Representation in Adjudication Pledge (starts at 35.30).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss what construction practitioners might expect in 2023, with an appeal to the Supreme Court in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823 (starts at 0.43), an expectation that cladding claims will continue to make their way through the courts, following on from Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (starts at 3.00). This includes two recent judgments (in LDC (Portfolio One) Ltd v George Downing Construction Ltd and another and BDW Trading Ltd v AECOM Infrastructure & Environment UK Ltd), and building safety and the Building Safety Act 2022, with a myriad of anticipated developments (starts at 8.27).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction consider the interaction between adjudication enforcement and section 9 of the Arbitration Act 1996 in Northumbrian Water Ltd v Doosan Enpure Ltd and another [2022] EWHC 2881 (TCC) (starts at 1.03), confusion over CE marks (starts at 12.03), the private sector construction playbook (starts at 19.35), and more building safety developments (starts at 29.45), including a building safety levy consultation, more SIs and Practical Law's updated resources to reflect proposed changes to building control and building regulations. The podcast ends with a cautionary tale about using social media (starts at 46.08).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction consider three judgments dealing with termination (Manor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) (starts at 1.20), Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) (starts at 7.07) and Optimares SpA v Qatar Airways Group QCSC [2022] EWHC 2461 (Comm) (starts at 24.50)). We then move on to various building safety issues (starts at 30.50) before ending with a mignardise of the new TCC Guide and an adjudication survey (starts at 44.58).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction consider two cases involving the destruction of evidence (Vardy v Rooney [2022] EWHC 2017 (QB) and Ocado Group plc v McKeeve [2022] EWHC 2478 (Ch)) (starts at 1.00), injunctions against trespassers (High Speed Two (HS2) Ltd v Persons Unknown [2022] EWHC 2360 (KB)) (starts at 9.49), two adjudication enforcements (AM Construction Ltd v The Darul Amaan Trust [2022] EWHC 1478 (TCC) (starts at 16.15) and Breakshore Ltd v Red Key Concepts Ltd (unreported), 6 May 2022, (County Court) (starts at 21.32) and a range of building safety developments, including the government's indemnity scheme for EWS1 professional indemnity insurance, remediation orders, new homes quality board and construction products (starts at 30.22).

This month, Michelle Rousell and Yassir Mahmood from Practical Law Construction consider a range of building safety developments (starts at 2.45); the judgment in Essential Living (Greenwich) Ltd v Elements (Europe) Ltd [2022] EWHC 1400 (TCC), where the court granted declarations regarding the binding nature of an adjudicator's decision (starts at 10.00); two climate change developments (the NEC's secondary option X29 and TCLP's new built environment hub) (starts at 15.48), RIBA's Construction Contracts and Law Report 2022 (starts at 25.20); and a number of judgments considering lessons about conduct and evidence (starts at 29.40).

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments related to building safety including provisions of the Building Safety Act 2022 that are already in force, new consultations and secondary legislation, and the new PAS competence standards for the Principal Designer role, the Principal Contractor role and the requirements for managing safety in residential buildings. They also consider Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC), the first judgment following a full trial of issues relating to building safety following the Grenfell Tower fire in 2017 and Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC), which concerned remoteness of loss under a collateral warranty, and two adjudication enforcement judgments, FTH Ltd v Varis Developments Ltd [2022] EWHC 1385 (TCC) and The Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC).

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction are joined by Barry Hembling, a partner in the real estate group of Watson Farley and Williams, to discuss the Court of Appeal's judgment in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823. The court held that the collateral warranty in question was a construction contract, as defined by section 104(1) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), which gave the parties a right to adjudicate their dispute. As part of the discussion, we touch upon the judgments in Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) and Hurley Palmer Flatt Ltd v Barclays Bank plc [2014] EWHC 3042 (TCC).

In this month's The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in May's monthly bulletin. We discuss further building safety developments (starts at 1.08), and also look at the draft Construction Contracts (England) Exclusion Order 2022, which will exclude certain sewerage or water undertaker contracts from the adjudication and payment provisions in the Construction Act 1996) (starts at 8.47), the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2022] EWHC 1203 (TCC), where the judge continued an interim freezing injunction pending the outcome of an adjudication enforcement hearing and (starts at 16.16) and the judgment in Rugby Football Union v Clark Smith Partnership Ltd and FM Conway Ltd [2022] EWHC 956 (TCC), where the court interpreted a construction all risks insurance policy (starts at 31.44).

In the tenth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in April's monthly bulletin. The Building Safety Bill received Royal Assent and is now known as the Building Safety Act 2022. We discuss when we expect its provisions to come into force (starts at 1:12). We also look at two adjudication enforcement judgments: Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) (starts at 24:40) and Van Oord UK Ltd v Dragados UK Ltd [2022] CSOH 30 (starts at 37.25).

In the ninth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in March's monthly bulletin. The Building Safety Bill has now concluded its passage through the House of Lords. The latest building safety developments include removal of the role of Building Safety Manager, a further update to Form EWS1 and agreements reached on who will pay for remediation works. We also look at two Court of Appeal judgments addressing the embargo that applies to reserved court judgments: The Public Institution for Social Security v Banque Pictet & Cie SA and others [2022] EWCA Civ 368 and R (Counsel General for Wales) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181.

In the eighth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in February's monthly bulletin. These include the latest building safety developments, with the Building Safety Bill moving on to its committee stage (after passing its second reading in the House of Lords), a House of Lords Library's research briefing on the Building Safety Bill and the government's wide-ranging amendments to limit leaseholder liability, allow the government to block developers and construction product manufacturers from operating in the market, imposing financial liability on construction product manufacturers and widening the scope of the building safety levy. We also look at the judgments in Power and another v Shah [2022] EWHC 209 (QB), which considers party wall issues, and Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 303 (Ch), where the High Court made an access order under the Access to Neighbouring Land Act 1992 (ANLA 1992).

In the seventh The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction are joined by Matt Molloy of MCMS Ltd to discuss a number of developments referred to in January's monthly bulletin.   These include the latest building safety developments, with more government guidance on EWS1 forms, developers being told to pay to replace unsafe cladding and an extension of the limitation period under the Defective Premises Act 1972 to 30 years.   We also look at a number of adjudication enforcement cases, including John Graham Construction Ltd v Technicas Reunidas UK Ltd [2022] EWHC 155 (TCC), BraveJoin Co Ltd v Prosperity Moseley Street Ltd [2021] EWHC 3598 (TCC) and Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd [2022] EWHC 53 (TCC).

In the sixth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction discuss a number of developments referred to in December's monthly bulletin. These include the Court of Appeal's judgment in Rushbond plc v The JS Design Partnership LLP [2021] EWCA Civ 1889 (which is a negligence case against an architect) and Changing Climates Ltd v Warmaway Ltd [2021] EWHC 3117 (TCC) (which is an adjudication enforcement case considering whether the parties were parties to a construction contract). We also look at the latest building safety developments, with more guidance from RICS on EWS1 forms and the Welsh Government's buy-out scheme to help leaseholders and its response to the building safety consultation, and finish with a number of predictions for 2022.

In the fifth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take November's monthly bulletin and look at a number of developments.   These include several case law developments (a refusal to enforce an adjudicator's decision on that basis that it was an abuse of process; a reminder that the courts will uphold a parties' tiered dispute resolution clause and that no dispute is too large, too complicated or raised too late to be suitable for adjudication; and there is no automatic presumption that liquidated damages are unenforceable just because they provide a single rate where there is sectional completion or partial possession). Also, the Civil Justice Council's consultation on reforming existing pre-action protocols (PAPs), including the one for construction and engineering disputes; whether ADR (specifically mediation) will become compulsory; and the latest abolition of retention bill, this time sponsored by Lord Aberdare.

In the fourth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take October's monthly bulletin and look at the TCLP's Net zero toolkit (which includes new clauses and "high ambition versions" of existing clauses), the Court of Appeal's judgment in John Doyle Construction Ltd (In Liquidation) v Erith Contractors Ltd [2021] EWCA Civ 1452 (which considers whether an insolvent claimant is ever entitled to summary judgment to enforce an adjudicator's decision) and more secondary legislation and factsheets relating to the government's vision for a new building safety regime under the Building Safety Bill.   For further information on any of the topics discussed in this episode, visit https://uk.practicallaw.thomsonreuters.com/w-032-5727 

In the third The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take September's monthly bulletin and highlight some of the issues arising from two judgments, Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) and CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC). In both instances, HHJ Eyre QC held there was a material breach of the rules of natural justice by the adjudicator. However, in one instance the judge refused to sever the decision, in the other he held he could (there was a "core nucleus ... that can be safely enforced"). He also declared that the employer's payment notice valuing the interim application at £1 was invalid. Although both judgments cover similar issues, they also highlight how complex adjudication enforcement is, and how parties may experience different outcomes even when the facts and arguments seem similar.   For further information on any of the topics discussed in this episode, visit https://uk.practicallaw.thomsonreuters.com/w-032-5727 

In the second The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take August's monthly bulletin and highlight three developments of particular interest: the effect partial possession has on liquidated damages (Eco World - Ballymore Embassy Gardens Co Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC)), what happens to a payment application when the contract administrator resigns (Graeme Cheyne Builders v Michael Wilson 2021 SAC (Civ) 24) and what RIBA's latest guidance tells us about professional indemnity insurance. Along the way, they also discuss aspects of Scottish law and its relevance to English and Welsh construction practitioners.   For further information on any of the topics discussed in this episode, visit https://uk.practicallaw.thomsonreuters.com/w-032-3990

In the inaugural episode of The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take July's monthly bulletin and highlight three developments of particular interest: the Building Safety Bill, whether a collateral warranty is a construction contract (Toppan v Simply) and recovering liquidated damages after a contract has been terminated (Triple Point v PTT).   For further information on any of the topics discussed in this episode, visit https://uk.practicallaw.thomsonreuters.com/w-031-9271