Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 SEPTEMBER 2021

Legal Developments In Construction Law: September 2021

Mayer Brown
Mayer Brown
Contributor
Mayer Brown

Mayer Brown

Mayer Brown is a leading international law firm positioned to represent the world’s major...

View firm profile
Explore more from Mayer Brown

Collateral warranty fails Housing Grants Act "construction contract" test and sinks adjudication award

United KingdomReal Estate and Construction
Mayer Brown
Mayer Brown
Author LinkedIn connections

In this edition:

  1. Collateral warranty fails Housing Grants Act "construction contract" test and sinks adjudication award
  2. Court turns down penalty claim, as liquidated damages clause passes the Makdessi test
  3. If liquidated damages are a penalty, can more be recovered as unliquidated damages?
  4. Government works towards ending EWS1 forms on buildings below 18 metres
  5. Consultation on building safety levy
  6. New fire safety planning gateway one in force
  7. Government Building Beautiful Places plan and revised National Planning Policy Framework
  8. NEC and CLC guidance on dealing with the effects of COVID-19 under NEC3/4 Contracts
  9. CIC publish novation agreement - switch, and associated collateral warranty

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Visit us at mayerbrown.com

Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the “Mayer Brown Practices”). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC (“PKWN”) is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. “Mayer Brown” and the Mayer Brown logo are the trademarks of Mayer Brown.

© Copyright 2024. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Renters’ Rights Act Update: Key Developments For Landlords

The UK Government has unveiled the next phase of the Renters' Rights Act 2025, introducing a mandatory private rented sector database launching December 2026 and transferring rent increase dispute resolution from tribunals to the Valuation Office Agency. These reforms will fundamentally reshape compliance obligations for landlords across England, requiring registration of all rental properties with annual fees and updated enforcement mechanisms.
GlobalReal Estate and Construction
Bates Wells
Bates Wells
Article

Selling A Tenanted Property: How Ground 1A Works Under The Renters’ Rights Act

Section 21 has been abolished for new possession action from 1 May 2026, but landlords who need to sell with vacant possession still have a route. Ground 1A of the amended Housing Act 1988 allows a landlord to recover possession where a genuine sale is intended, but it comes with a four-month notice period, restrictions on reletting and remarketing, and potentially significant penalties for misuse.
United KingdomReal Estate and Construction
Barnes Law
Barnes Law
Article

The Proposed Heathrow Third Runway: What Residents Need To Know About Property Impacts, Compensation And Reform

The prospect of a third runway at Heathrow Airport has resurfaced, bringing uncertainty to communities across West London and the Thames Valley about homes, property values and future planning. This guide examines how the compensation framework operates for affected homeowners, identifies critical gaps in protection during the years between policy approval and construction, and explains why reform is needed to address the human and financial costs of prolonged infrastructure uncertainty.
United KingdomReal Estate and Construction
Hugh James
Hugh James
Article

Renters' Rights Act 2025: What The Latest Government Announcement Means For You

The Renters' Rights Act 2025 introduces sweeping changes to the UK rental market, including a mandatory national property registration system and a new process for handling rent disputes. Landlords face strict deadlines and significant penalties for non-compliance, while the government promises faster resolution of tenant challenges to rent increases.
United KingdomReal Estate and Construction
Womble Bond Dickinson (UK) LLP
Womble Bond Dickinson (UK) LLP
Article

The Renters' Rights Act Private Rented Sector Database Is On The Way: What Landlords Need To Know

The UK Government has announced the second phase of the Renters' Rights Act, introducing a mandatory Private Rented Sector Database that will roll out region-by-region starting in the West Midlands in December 2026. Landlords across England will face registration requirements, annual fees of £65 per property, and potential penalties of up to £40,000 for non-compliance, fundamentally changing how the private rental sector operates.
United KingdomReal Estate and Construction
Blacks
Blacks
Article

The PRS Database Is Coming: What Landlords And Investors Need To Know

The UK Government has confirmed the operational framework for its new national rental property registration service, requiring landlords to register eligible private rented sector properties across England from December 2026. With registration costs of £65 per property annually and strict compliance deadlines varying by region, institutional investors and portfolio operators face significant data management and governance challenges. The rollout introduces ongoing reporting obligations that extend far
United KingdomReal Estate and Construction
Gowling WLG
Gowling WLG
Article

DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United StatesEmployment and HR
Mayer Brown
Mayer Brown
Article

Trump Administration Announces New Enforcement Actions Against Employers In H-1B And PERM Fraud Probes

The Trump Administration has launched an unprecedented investigation into H-1B visa and PERM labor certification programs, with the Department of Labor's Office of Inspector General issuing dozens of subpoenas and suspending employers' ability to process applications. Federal agencies are deploying new enforcement tools including whistleblower programs and criminal prosecution threats...
United StatesImmigration
Mayer Brown
Mayer Brown
Article

SEC Staff Statement On Fair Value Measurement And Disclosure Considerations For Private Assets

The SEC Staff has issued new guidance addressing fair value measurement and disclosure practices for private credit and other illiquid assets held by registered funds and business development companies. As private credit portfolios have grown nearly 60% since 2020, reaching $270 billion, regulators emphasize the critical importance of robust valuation methodologies, transparent disclosure of significant judgments, and careful application of accounting standards when market prices are unavailable.
United StatesAccounting and Audit
Mayer Brown
Mayer Brown
Article

AI Regulation In Singapore And Hong Kong: A Mid-Year Checkpoint

Singapore and Hong Kong continue to regulate artificial intelligence through existing laws and voluntary frameworks rather than comprehensive AI statutes, but the first half of 2026 has brought sharper emphasis on practical controls including agentic AI governance, assurance and testing, financial-sector oversight and cyber resilience. Both jurisdictions are building concrete expectations around risk management, transparency, human accountability and operational safeguards while avoiding horizontal AI legis
GlobalStrategy
Mayer Brown
Mayer Brown
Article

European Union Adopts 21st Package Against Russia & Parallel Sanctions On Belarus

The European Union has adopted its 21st package of sanctions against Russia and Belarus, significantly expanding restrictions across finance, energy, crypto, and military-industrial sectors. This comprehensive package introduces 218 new designations, freezes the oil price cap, imposes stricter LNG controls, and closes loopholes while reinforcing measures to discourage third-party sanctions evasion. The sanctions also strengthen protections for EU operators and facilitate business exits from Russia.
European UnionInternational Law
Mayer Brown
Mayer Brown
Article

Russia/Ukraine Sanctions Update - Month Of August 2026

This monthly update tracks the latest developments in Russia/Ukraine sanctions across US, EU, and UK jurisdictions, covering new designations, general license extensions, legislative proposals, and enforcement actions. The update also examines Russia's countermeasures, including shadow fleet expansion and legal restrictions on foreign investors, while highlighting international coordination efforts by Switzerland, Canada, and New Zealand.
GlobalInternational Law
Mayer Brown
Mayer Brown