Introduction

In this publication, we examine new publications of standard form contracts, including one of the most popular publications in use in England and Wales, the JCT, with the publication of its 2024 editions well underway. We also take a look at the latest revision of the City of London Law Society’s model letter of intent and the new edition of the Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant (MF/1) contract (Revision 7). As an emerging body of case law on building safety:

• the Triathlon case starts to address some of the uncertainties around remediation contribution orders and when it will be considered to be just and equitable to grant one against persons associated with the original developers and others. The decision is, however, being appealed.
• the Redrow case where the Court has determined certain circumstances when the Building Safety Fund can legitimately decide to fund remedial works.

It remains early days as we start to see more parties dipping their toes in and testing the boundaries of the new tools designed to achieve accountability, as created by the Building Safety Act 2022, including in respect of remediation contribution orders and building liability orders. With collateral warranties being a regular feature of a construction project, the Supreme Court’s unanimous decision in the Abbey Healthcare case has put the genie firmly back in the bottle in determining whether a collateral warranty is a ‘construction contract’ which would give the parties to the warranty a statutory right to refer a dispute to adjudication. For those less familiar with collateral warranties and third party rights, have a read of our guide in this publication. Finally, we have tackled the thorny issue of when you can terminate the performance of a contract for repudiatory breach and some alternatives.