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Contractual Advice and Disputes
With our significant knowledge of the sector we are experienced in advising our Social Housing clients on a wide range of contractual matters, both before terms are agreed and when a dispute arises (either during or after the contract).
Our recent work in this area includes:
- Acting for a leading Housing Association, and working alongside the local authority and client's building insurers, in relation to substantial building works undertaken at a neighbouring property in breach of both Planning Permission granted and the Party Wall Act.
- Advising a National non-registered provider as to the proposed outsourcing of its existing planned and responsive property maintenance to a Registered Provider under a Partnering Agreement and negotiation/amendment (particularly in relation to the use of sub-contractors and proposed limitations of liability) of the ACA form of Partnering Agreement and accompanying Term Brief.
- Advising a Housing Association as to the validity and recoverability of premiums chargeable by the Association to right to buy purchasers for the release of restrictive covenants preventing further development of land sold.Acting successfully for a leading Housing Association in relation to a series of Housing Grants Construction & Regeneration Act 1996 Adjudications (each with a "claim" value in excess of £1m) commenced by the contractor on a multi-million pound development concerning the construction and interpretation of the terms of a design and build contract.
- Advising a leading Housing Association in conjunction with their Employer's Agent as to scheme specific amendments required to a JCT Design and Build contract together with the incorporation (and subsequent operation) of an Escrow Account for the scheme requiring interim payments to a sub-contractor.
- Advising a Housing Association client in ADR and successfully concluding a dispute with a developer in relation to a section 106 site and the exercise of an option agreement.