log in
Submit an Article | Back

Member Articles

Selected Filters:
Practice Industry: Real Estate & Construction

Sort By Title  |  Sort By Date

Spotlight On…Birmingham
Shoosmiths LLP, November 2021

Birmingham is often described as the UK’s ‘second city’ and is the social, cultural and commercial centre of the Midlands...

Spotlight On...Milton Keynes (wartime code breaking to exciting growth as a vibrant new city)
Shoosmiths LLP, November 2021

Milton Keynes, the New Town famous for its grid system, roundabouts and concrete cows is every bit the planner’s dream. Fifty-five years after its foundation and bidding for city status in the Queen’s platinum jubilee year, Milton Keynes has come of age...

Keeping an Eye on San Francisco’s Plans to Decarbonize Existing Commercial Buildings
Buchalter, November 2021

November 22, 2021   By: Jonathan Kendrick and Manuel Fishman In the coming weeks, the City of San Francisco’s Department of Environment is expected to submit a new Climate Action Plan for Mayor London Breed’s approval. The Climate Action Plan will provide a roadmap for the City of San Francisco (the “City”) to pursue ambitious new climate action goals that were added to the City’s Environment Code in late July 2021 (the “Climate Goals”)...

California Department of Justice Announces Housing Strike Force
Hanson Bridgett LLP, November 2021

Key Points The California Department of Justice (DOJ) is preparing for increased enforcement of state housing laws, primarily focusing on local governments. The Housing Strike Force announcement is part of an ongoing trend of the state increasing enforcement of state housing laws...

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals
Schwabe, Williamson & Wyatt, November 2021

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask...

In review: the draft Commercial Rent (Coronavirus) Bill – rent arrears arbitration process revealed
Shoosmiths LLP, November 2021

In this update, we consider the draft Commercial Rent (Coronavirus) Bill published yesterday and in particular the proposed binding arbitration scheme for resolution of rent arrears under business tenancies. As discussed in our update yesterday, the Government has now published draft legislation which is intended to resolve payment of the estimated £7.5bn rent arrears still due across the real estate sector...

HSE prosecutes contractor due to health and safety breaches during COVID-19 “spot check”
Shepherd and Wedderburn LLP, November 2021

  The HSE has prosecuted a contractor after it identified multiple health and safety issues during a COVID-19 ‘spot check’ at a site in Manchester. This is the first prosecution to arise from the HSE’s Spot Check programme. Background Throughout the pandemic, HSE inspectors performed a number of proactive COVID-19 spot checks (reportedly over 316,000) at construction sites across the UK...

Licensing Scotland: short-term letting updates for operators
Shepherd and Wedderburn LLP, November 2021

 (Update following the Scottish Government announcement on 8 October 2021)    As discussed in our previous article, the Scottish Government is to provide powers for local authorities to address concerns surrounding the unregulated short-term let market. The Scottish Government proposes to do so by way of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2021...

The slow march of good faith: Van Oord UK Ltd v Dragados UK Ltd
Shepherd and Wedderburn LLP, November 2021

Facts This month, the Inner House (Scottish appeal court) handed down judgment in Van Oord UK Ltd v Dragados UK Ltd, an appeal from the commercial court concerning the interpretation of an NEC3 contract for the dredging of Nigg Bay, part of the Aberdeen Harbour Expansion Project. Dragados Ltd, the main contractor (and Defender and Respondent) was employed by Aberdeen Harbour Board and subcontracted all dredging works to Van Oord Ltd, the Pursuer/Reclaimer...

Why Edinburgh’s Planning Policies Will Increase House Prices and What You Can Do About It
Shepherd and Wedderburn LLP, November 2021

If you have ever wondered why property prices in Edinburgh are so high then it is worth considering the relationship between the property market and planning policy. Like most commodities, the prices we pay for properties are heavily influenced by supply and demand. The number of new houses that developers are allowed to build is set by councils using a complicated methodology...

Hitting Employers with Their Best Shot: Complying with OSHA’s COVID-19 Vaccination and Testing Emergency Rule Webinar Recording
Bradley Arant Boult Cummings LLP, November 2021

OSHA has released its long-awaited emergency rule requiring the COVID-19 vaccine or weekly testing for many employers. With compliance deadlines coming up, Bradley is here to help employers navigate this new rule to stay in compliance. While we monitor the outcome of judicial review of OSHA’s ETS, we suggest taking the following steps to prepare your workplace for compliance with the new vaccine or test mandate: Develop a policy. Educate employees...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

Breaking: OSHA Releases Emergency Temporary Standard for Employers with 100 or More Employees
Verrill, November 2021

Indicating that continued reliance on the General Duty Clause of the OSH Act, 29 U.S.C. 654(a)(1), was insufficient to protect “unvaccinated employees from the grave danger of being infected by, and suffering death or serious health consequences from, COVID-19,” today OSHA issued an Emergency Temporary Standard (ETS) for all employers with 100 or more employees...

Major Blow to Housing Delivery in Canterbury
Shoosmiths LLP, November 2021

The recent decision to quash planning permission for a major urban extension in Canterbury has raised a number of concerns highlighted by the Government in its recent planning White Paper, namely the lack of certainty over delivery, with some 36% of planning decisions relating to major applications overturned, as well as inefficiency and that such decisions simply lead  to not enough homes being built...

A Tale of Two Crises: What 2008 Foreclosures Can Teach Us About Attorney General Enforcement Following COVID-19
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Moratoriums on foreclosures due to COVID-19 ended this summer, prompting concerns of a shock similar to the 2008 housing crisis. While there are numerous differences between today and the previous recession, financial service providers can stay a step ahead by arming themselves with a few lessons learned...

Solving the housing crisis and accelerating delivery of high quality homes
Shoosmiths LLP, October 2021

At the recent Scotland Development Conference hosted by Built Environment Networking, major residential developers and housebuilders, social housing providers and leadership from the housing sector joined a panel discussion to share details of the biggest housing projects currently planned for Scotland and how the sector can ensure a focus on creating community is retained, as well as the push for an increase in the rate, volume and affordability of housebuilding...

ESG – distinguishing between sustainability and greenwash
Shoosmiths LLP, October 2021

Two recent articles in The Times and The Sunday Times highlighted the attractiveness of the affordable housing sector to investors keen to promote their ESG credentials. During the pandemic, ESG has gone from being a niche term used mainly by private equity funds and their investors to being a mainstream term used across a range of sectors and industries...

Focus on Northern Ireland
Shoosmiths LLP, October 2021

As with other parts of the UK, the last 18 months have seen a period of exceptional market activity in the living sector in Northern Ireland, despite the economic challenges of Covid. Much of that activity has in fact been driven by the societal challenges and behavioural shifts brought about by the pandemic...

Building Material Price Increases Create Challenges
Dinsmore & Shohl LLP, October 2021

Dinsmore construction partner Jim Boyers and commercial litigation clerk Mary-Kate Hetzel were published in The Indiana Lawyer this week discussing how building material price increases have created logistical and legal challenges during the COVID-19 pandemic. An excerpt is below...

Ground rent reform - fixing one problem and creating another?
Shoosmiths LLP, October 2021

The draft bill to implement the government’s ground rent changes finally reached the House of Lords in May 2021. This legislation had been long awaited and, largely, the provisions were as expected following the earlier consultations and government announcements and discussions. Despite the fact that legislation is still only in draft, the living sector is already pivoting in many respects to comply with the legislation...

Tall Stories – Forms, Laws and Retribution
Shoosmiths LLP, October 2021

Whether you are a property professional or otherwise, you would have had to have lived in a hole to have missed the EWS1 saga. In the four years following the tragic Grenfell disaster, the industry and the government have been grappling with how to deal with a generation of potentially defective tall buildings...

Can a tenant get away with its payment obligations in view of COVID-19 and Government Closure Orders?
Deacons, October 2021

In our previous article, we reported that the court had refused to frustrate a tenancy agreement due to the COVID-19 pandemic and social disruption: The Center (76) Limited v Victory Serviced Office (HK) Limited HCA 1020/2020; [2020] HKCFI 2881. In this article, we will discuss several recent decisions on the same subject. The tenants’ arguments in all of these cases, that their payment obligations were discharged/suspended during the COVID-19 pandemic, failed...

The Tenant Farming Commissioner’s code of practice on the conduct of rent reviews
Shepherd and Wedderburn LLP, October 2021

The Tenant Farming Commissioner’s Code of Practice on the Conduct of Rent Reviews contains a useful summary of the law applicable to rent reviews and provides recommended steps for the conduct of the rent review itself. If the rent can’t be agreed by simple discussion or exchange of letters then the Code of Practice sets out a timetable that the parties should follow unless both parties have agreed otherwise...

TCC decides multiple payment applications can be one dispute
Shepherd and Wedderburn LLP, October 2021

The Technology and Construction Court (TCC) in Quadro Services Ltd v Creagh Concrete Products Ltd [2021] EWHC 2637 (TCC) held that a claim referred to adjudication with three separate payment applications was still considered a single dispute for the purposes of adjudication. The adjudicator therefore did have jurisdiction to consider all three payment applications to determine the sum due, and the adjudicator’s decision was enforced...

OP-ED: Design-Build Pitfalls for Owners, contractors and Design Professionals
Schwabe, Williamson & Wyatt, October 2021

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2021