In the recent case of Peter Mann v Paterson Constructions Pty Ltd [2019] HCA 32, the High Court of Australia had to consider whether remuneration for work and labour done by the Respondent for the Appellants under a domestic building contract, before the contract was terminated by the Respondent’s acceptance of the Appellant’s repudiation, was recoverable by the Respondent under the contract, or alternatively, as restitution for unjust enrichment (on a quantum meruit basis) a
The Court of Appeal has given some much-needed clarity on this issue in the recent decision of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022]. In a majority judgment, the Court of Appeal reversed the first instance decision and held that the collateral warranty in question was a construction contract within the meaning of s.104(1) of the Housing Grants, Construction & Regeneration Act 1996 (the Construction Act) ...
The Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) issued a new Prakas No. 109 on 22 November 2021 on the Formalities for Certification Work of Architectural Design and Structural Design (“Prakas 109”). The purpose of this Prakas 109 is to regulate the formalities of inspection and certification works in order to implement the Sub-Decree No ...
New Sub-Decrees on Construction Permits, Conditions & Procedures on the Issuance, Suspension & Revocation of Certificate of Occupancy, and Conditions & Procedures on Construction Certification New Sub-Decree on Construction Permits Following adoption of the Law on Construction dated 2 November 2019 (“Construction Law”), the Royal Government of Cambodia issued new Sub-Decree No. 224 ANKr ...
Following the issuance of Prakas 003 on 26 January 2022 on the Rules for the Management, Establishment, and Functioning of Trusts (“Prakas 003”), on 3 November 2022, the Non-Banking Financial Services Authority (“NBFSA”) issued Prakas 052 regarding the Accreditation of Valuation Companies and Valuation Specialists in the Trust Sector (“Prakas 052”) in order to ensure the accuracy of the existing registered trust in Cambodia ...
Following our recent update on the due date of 30 September 2021 for the declaration and payment of the 2021 Immovable Property Tax (“TOIP“) and Unused Land Tax we would like to inform our readers that on the 28th of September 2021 the General Department of Taxation (“GDT“) issued Notification 16160 which has provided an extension on the deadline of the declaration and payment tax of TOIP for 2021 until 31 October 2021 ...
On the 21st of August 2019 Notification dated 21 August 2019 the General Department of Taxation (“GDT“) issued Notification 17517 GDT on the Second Reminder of the Payment of the Property Tax reminding owners of immovable property to file their annual Property Tax declaration before the deadline of 30 September 2019 ...
According to Prakas No. 052 dated 3 November 2022 before applying for accreditation, a valuation company or valuation specialist in the real estate sector is required to obtain a valuation services license or a valuation professional certificate from the Real Estate Business and Pawnshop Regulator (“RPR”) of the Non-Banking Financial Services Authority (“NBFSA”). On 27 December 2022, the NBFSA issued Prakas No ...
The Association of Fire Prevention Enterprises of Cambodia (“AFPE”) in conjunction with the National Quality Inspection Centre for fire Safety Systems (“NICS”) hosted a seminar on 9 September 2019 on the introduction of the National Standard Book on Fire Safety Systems – Building Design Code ...
Since receiving Royal Assent on 28 April 2022, the Building Safety Act 2022 (BSA) has continued to lumber along - coming into effect in phases and throwing up legal complications as it goes. The government has therefore been required to create secondary legislation – regulations - to seek to clarify and untangle various provisions in the BSA. The Act is reliant on regulations to provide the detail of many of its provisions ...
In Harris v. University Village Thousand Oaks, CCRC, LLC, plaintiffs, residents at Defendant’s continuing care retirement community who had previously signed binding arbitration agreements in their continuing care contracts, argued that under applicable California law, the arbitration agreements were invalid and they could therefore litigate their claims in a court of law. Defendant University Village sought to enforce the arbitration provisions of the continuing care contracts ...
Key Points A recent order from the Santa Clara County Superior Court suggests that California courts intend to uphold and implement SB 35's goals of fast-tracking housing developments that meet established, objective criteria. California courts will closely scrutinize the objective planning standards cities and local governments utilize in determining whether a project is compliant with local land use criteria and building codes ...
While relief has been granted for federal and California income tax filing and payment obligations (see prior coverage here and here) the same cannot be said for local property tax obligations. To avoid penalties, the next payment deadline for California property taxes remains April 10, 2020. Property tax payment deadlines are set by California state law and cannot be extended by either the Board of Equalization or local county assessor offices (see BOE statement) ...
Key Points Eviction protections that were set to expire June 30, 2021, have been extended to September 30, 2021. New notice requirements took effect on July 1, 2021; additional notice requirements take effect on October 1, 2021. Governmental rental assistance is now available to pay 100 percent of a qualified tenant's rent. On June 28, 2021, California Governor Gavin Newsom signed Assembly Bill 832 into law, effective immediately ...
Key Points Eviction protections that were set to expire January 31 have been extended to June 30, 2021 New notice requirements took effect February 1 Landlords may not charge late fees or increase rent or fees for tenants who attest to COVID-19-related financial distress State Rental Assistance Program may pay 80 percent of a qualified tenant's rent if landlord forgives the remainder On January 29, 2021, California Senate Bill 91 became law, effective immediately ...
Key Points The California Department of Justice (DOJ) is preparing for increased enforcement of state housing laws, primarily focusing on local governments. The Housing Strike Force announcement is part of an ongoing trend of the state increasing enforcement of state housing laws ...
Last month, a California appellate court reversed the trial court and ruled that a subcontractor's insurer had a duty to defend an additional-insured general contractor in underlying construction-defect litigation. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company (2019) 35 Cal.App.5th 1042, a general contractor was an additional insured under a commercial general liability policy issued to its roofing subcontractor ...
Not-for-profit Reforesting Scotland’s "Thousand Huts" campaign has spearheaded the regrowth of the hutting community, previously almost entirely eradicated by increasingly strict building regulations. The new Building (Miscellaneous Amendments) (Scotland) Regulations 2017 sets out the framework for ecologically sustainable hut development. What is a Hut? A hut must be a single storey building used as recreational accommodation ...
Effective May 9, 2022, Native tribes, workers, and businesses may face fewer hurdles when competing for federal construction projects due to several revisions the Department of the Interior has published to its Department of the Interior Acquisition Regulations (DIAR), codified at 48 CFR parts 1401-1499, to better comply with the Buy Indian Act and policies from the Biden Administration ...
The government has started the announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, itnow allows business trips for foreigners to the Czech Republic, in respect of which entrepreneurs have been repeatedly demanding. However, it set a number of conditions and rules ...
Business Rates has been a hot potato in the property industry for many years, no more so than in the retail sector. We are a nation of shoppers, yet the outdated system of rates valuation disincentivises investment in retail property and inhibits growth. The way in which we shop has changed, with the growth of online and multi-channel retailing, but the way in which retail businesses are taxed on their bricks and mortar has not ...
The Building Safety Bill was finally introduced into Parliament on 30 June 2021 with the aim of delivering fundamental reform to the building safety system. The Bill’s progress through Parliament will be closely monitored as the construction industry looks to prepare for the potentially wide-ranging impact of this complex piece of legislation. The Bill was published in draft form in 2020 to enable pre-legislative scrutiny ...
The implementation of the Building Safety Act 2022 (‘the Act’), aimed to reform building safety legislation following the Grenfell Tower fire in 2017, is now well underway. The requirements set out in the Act will affect everyone in the built environment industry, and not just in respect of higher-risk buildings ...
