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What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract

Liquidated damages' LADS in a JCT Construction contract are deductions on a weekly basis for contract overrun.  One would fall foul of the JCT Contract for making a deduction without going through the LADS process.  And failing to pay a Certificate wit...

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why is Anstruther-Gough Calthorpe V Mcoscar [1924] deals with the principles of negligence and duty of care in relation to road accidents?

The case of Anstruther-Gough-Calthorpe v McOscar [1924] is a notable decision in UK caselaw that deals with the principles of negligence and duty of care in relation to road accidents.The case involved a motor vehicle accident between two drivers: Lord Anstruther-Gou...

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what does The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) deal with?

The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) is a significant legal case that deals with issues of property rights, specifically the right to light and the impact of development on neighboring properties.In this instance, the claimants,...

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In the case of Minja Properties Limited v. Cussins Property Group [1998] why was thier a dispute between two property companies?

In the case of Minja Properties Limited v. Cussins Property Group [1998] 2 EGLR 52, the High Court of England and Wales, presided over by Harman J, examined a dispute between two property companies, Minja Properties Limited and Cussins Property Group. The case involv...

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Why is the case of Phillips And Goddard V Francis (2012) revolves around service charges in leasehold properties?

The case of Phillips and Goddard v Francis, also known as the "Phillips and Goddard v Francis (2012)" case, is a significant decision in UK caselaw that revolves around service charges in leasehold properties. It pertains to the interpretation of Section 20 of the La...

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How does The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) deals with the issue of service charges in leasehold properties?

The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) is a notable legal case that deals with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords.Mr. Johnson, the claimant in this case, was a less...

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How long is section 20 valid for?

Although the legislation does not impose a “use-by” date on a section 20 notice case law indicates that the process should take months, not years.   As time passes tender prices will change and the scope of works may increase both of which may render the co...

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What are the Notice periods for a 'Payless Notice' in a JCT Construction contract

A Payless Notice is a method under a JCT Construction contract to deal with quality of works or if you as the Client believe the Contract Administrator has certified the works at more than you believe is correct.  Ordinarily the Client is responsible for serving...

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How is the case of the case of Daejan Investments Ltd v Benson and Others [2013] addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985?

The case of Daejan Investments Ltd v Benson and Others [2013] is a significant decision in UK caselaw that addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985. The case specifically explores the requirements for consultation...

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How does the Avon Ground Rents Ltd v Cowley 2019 sheds light on the obligations of leaseholders and the remedies available to landlords in the context of leasehold properties?

Avon Ground Rents Ltd v Cowley and others is a notable legal case that deals with the interpretation and application of leasehold covenants and the consequences of breaching those covenants. The case sheds light on the obligations of leaseholders and the remedies ava...

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how does the case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties?

The case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case that deals with the interpretation and application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties.Re...

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why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

The case of BDW Trading Ltd v South Anglia Housing Ltd is a notable legal case that deals with the interpretation and enforcement of a contract for the sale of land and the consequences of a breach of contract.In this case, BDW Trading Ltd (the claimant) and South An...

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What does The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) deal?

The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) is a notable legal case that deals with the reasonableness of service charges in leasehold properties and the interpretation and application of relevant lease terms.In this case, Po...

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Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

Burr v OM Property Management Limited [2013] is a notable case in UK caselaw that involved a dispute between a leaseholder, Mrs. Burr, and the property management company, OM Property Management Limited. The case centered around the issue of service charges and the i...

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I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

The answer on CDM is The CDM Regulations deal with the management of health and safety and they place duties on clients, planning supervisors, designers and contractors to plan, coordinate and manage health and safety throughout all stages of the construction project...

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why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

The case of Lurcott v Wakely [1911] is a significant decision in UK caselaw that deals with the concept of vicarious liability in the context of employer-employee relationships.The case involved Mr. Wakely, a farmer, who employed Mr. Hirons to carry out work on his f...

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why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

The case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in the context of property law.In this case, the defendant Leon Di Marco was accused of...

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why does the case of Beazer Investments Ltd v Brown issue of misrepresentation and its consequences in contract law

The case of Beazer Investments Ltd v Brown is a notable legal case that deals with the issue of misrepresentation and its consequences in contract law.In this case, Beazer Investments Ltd (the claimant) entered into a contract with Mr. Brown (the defendant) for the s...

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how does The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties.Mr. Mullaney challenged the validity and e...

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Time has elapsed, should we serve a new Section 20 Stage 1 notice or re-issue the old one?

It is always best practice to issue a new Section 20 notice, time tends to lead to a building dilapidating further and new works being required.  At the very least you should reissue the notice of intention with a letter of explanation.

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How is the case of Oliver v Sheffield City Council [2017] an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care?

The case of Oliver v Sheffield City Council [2017] is an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care.In this instance, a young girl named Poppy was placed in foster care under Sheffie...

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how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?

The case of Pemberstone Reversions Limited v Various leaseholders [2018] is a significant decision in UK caselaw that revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases.The case involved Pemberstone Reversions Limited, a l...

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how does The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) deals with the interpretation and enforcement of service charges in leasehold properties?

The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) is a notable legal case that deals with the interpretation and enforcement of service charges in leasehold properties.In this case, Harry Johnson, June Johnson, and other l...

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Which liabilities could a Building Liability Order be applied to?

A claimant can request a Building Liability Order when a claim is made under the Defective Premises Act 1972, section 38 of the Building Act 1984 or any other claim which is incurred as a result of a risk from fire spread or structural failure.

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Who can have claims brought against them?

Claims can be brought against manufacturers of construction products, and all other economic operators (e.g. distributors) in the supply and marketing of construction products. It will depend on which party is responsible for the product being mis-sold, inherently de...

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How is the case of Sutton (Hastoe) Housing Association v Williams [1988] explores the rights and obligations of landlords and tenants in the context of secure tenancies?

The case of Sutton (Hastoe) Housing Association v Williams [1988] is an important decision in UK caselaw that explores the rights and obligations of landlords and tenants in the context of secure tenancies.Mrs. Williams, a Sutton (Hastoe) Housing Association tenant, ...

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what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

Firstport Property Services Limited v The Various Long Leaseholders of Citiscape, commonly referred to as "The Tenants," is a notable case that revolves around the issue of who is responsible for the costs of replacing dangerous cladding on a residential building. Th...

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What are the risks of not doing Section 20 consultation properly?

You are at risk.  However, since 2014 the Daejan vs Benson case suggests that a dispensation from consultation might be granted if it is just and reasonable to do so, eg, emergency communal heating failure in winter, else what you can recover from service charge...

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What are the implications if the final price of the works exceeds the tender sum returned?

Best advice is to follow a formal specification and tender process, inviting owners to nominate contractors and to nominate a place where tenders can be inspected.   The Contract Administrator’s job is to try to bring the contract in on budget, he or she sh...

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Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?

The Building Safety Bill will grant a power to the High Courts which allows them to extend specific liabilities for one company to any other associated companies and make them jointly and severally liable, should the High Court considers it just and equitable to do s...

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Ask our Experts

What our customers are asking:

What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract

why is Anstruther-Gough Calthorpe V Mcoscar [1924] deals with the principles of negligence and duty of care in relation to road accidents?

what does The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) deal with?

In the case of Minja Properties Limited v. Cussins Property Group [1998] why was thier a dispute between two property companies?

Why is the case of Phillips And Goddard V Francis (2012) revolves around service charges in leasehold properties?

How does The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) deals with the issue of service charges in leasehold properties?

How long is section 20 valid for?

What are the Notice periods for a 'Payless Notice' in a JCT Construction contract

How is the case of the case of Daejan Investments Ltd v Benson and Others [2013] addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985?

How does the Avon Ground Rents Ltd v Cowley 2019 sheds light on the obligations of leaseholders and the remedies available to landlords in the context of leasehold properties?

how does the case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties?

why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

What does The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) deal?

Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

why does the case of Beazer Investments Ltd v Brown issue of misrepresentation and its consequences in contract law

how does The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

Time has elapsed, should we serve a new Section 20 Stage 1 notice or re-issue the old one?

How is the case of Oliver v Sheffield City Council [2017] an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care?

how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?

how does The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) deals with the interpretation and enforcement of service charges in leasehold properties?

Which liabilities could a Building Liability Order be applied to?

Who can have claims brought against them?

How is the case of Sutton (Hastoe) Housing Association v Williams [1988] explores the rights and obligations of landlords and tenants in the context of secure tenancies?

what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

What are the risks of not doing Section 20 consultation properly?

What are the implications if the final price of the works exceeds the tender sum returned?

Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?