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Real Estate Development Contract Terms United Kingdom

Jones Day

Elephant and Castle Town Centre Redevelopment: Compulsory Purchase Order Confirmed

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On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more

BCLP

Briefcase - Quarterly Real Estate Update - September 2022

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In this September quarter edition, we cover: ..Oceanfill v Nuffield Health and Cannons Group - Restructuring lease liabilities; what’s the plan for guarantors? ..Dell and another v 89 Holland Park (Management) Ltd – ...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

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Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Hogan Lovells

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

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Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Hogan Lovells

Noisy works: a useful reminder for landlords

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When a landlord is carrying out works it is usually impossible to avoid some level of disturbance to tenants.  On that basis, previous case law has made clear that a landlord carrying out works will need to take “all...more

White & Case LLP

Disputes between members of a construction joint venture

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The case of Doosan Enpure Limited v Interserve Construction Limited represents a rare consideration by the English High Court of a dispute between members of a construction joint venture. The court found that Interserve was...more

BCLP

The evolution of Property Management Agreements in the Build to Rent sector

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Property Management Agreements (“PMAs”) have been around for years and typically follow the same format. However, the growth of the Build to Rent (“BTR”) sector has caused a re-think of the “usual” terms to ensure it reflects...more

Hogan Lovells

'Easier to recognise than define' - English Court of Appeal considers "practical completion" for the first time in fifty years

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The Court of Appeal in Mears Limited v Costplan Services (South East) Limited & Ors [2019] EWCA Civ 502, in a judgment published on 29 March 2019, has considered the meaning of "practical completion" in an authoritative...more

Hogan Lovells

Can tolerances be intolerable? What happens when a building is built the wrong size?

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It’s commonplace for the floor area of a proposed development to be set subject to certain agreed tolerances. These provide an amount of flexibility to a developer and are usually set out in the development agreement....more

Latham & Watkins LLP

Penalty Clauses in Project Finance Transactions

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A number of recent English court decisions have recast the test for determining when a contractual provision may be unenforceable under English law as a “penalty clause”. The rule against penalty clauses is particularly...more

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