Part of the reason for this is to ensure funding is not diverted from other essential maintenance and repair budgets. The question is whether this is anywhere near enough? As 266 blocks failed BRE tests, the remedial costs are likely to be very substantial and will probably exceed £1billion.
Our view is that it could be sufficient provided that contractors make appropriate contributions where they have breached legal duties. We were recently approached by a registered provider of social housing for advice on cladding issues. A national contractor had installed cladding to two of their high rise blocks through a sub-contractor. The cladding had failed the tests and subsequently needed to be removed. So, the cladding was stripped off, our clients waited and waited for the contractor who was responsible for installing it to come up with a remedial solution. The problems were compounded as additional defects came to light on removal. As the likely costs increased, the contractor backtracked and delayed in organising remedial works. After a period of some 5 months, we advised that our clients should appoint experts to advise on a remedial solution and then get the remedial works done by an alternative contractor. We explained that it is not a legal requirement for remedial works to be carried out by the original contractor after the expiry of the rectification period.
We informed the original contractor and their lawyers of the approach that would be taken, they were not happy! We suspect that they did not want to commit until they could be sure of recovery from their subcontractors. Our clients remained firm about their intention to have the works done by an alternative contractor and as a consequence, negotiations commenced. A substantial contribution was agreed by the original contractor to the costs of removal and replacement without the need for legal proceedings. No doubt, the contractor is taking steps to recover these sums from their sub-contractors.
Our top tips for addressing cladding issues are:
If you have any questions or queries relating to this article, please get in touch with Andrew Lancaster.
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
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