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What impact does the Regulations have in respect of matters which arise from Fire Safety Audits – e.g. if balconies with wooden/decking elements are now considered higher risk and whether that would fall to developer to remedy the materials used to construct balconies?

The duty would fall on the owner of the building to control the hazards presented by balconies made from combustible materials. There may be scope (via warranties/indemnities or other terms) arising from the contract between the developer and owner for the owner to seek to recover the cost of remedial works.

Related FAQs

What are the contractual issues that businesses need to think about as they get back to business following lockdown?

It is clear that we are emerging from a completely unprecedented period of disruption for many businesses, and this may have had a huge impact on their contractual arrangements both with suppliers and customers.

As the lockdown eases, and we get back to business, it’s important that businesses take stock of what has happened, and ensure they review and address the legal and contractual consequences of what has been happening since the start of the global pandemic.

Unpaid leave and sabbaticals

Employees will be reluctant to take unpaid leave or a sabbatical but when faced with the alternative prospect of redundancy may give it some serious consideration. This would remove the cost of that employee from the employer’s business for an agreed period of time. This is an option which can be offered to employees but again, imposing it without agreement creates significant risk.

VIDEO: The outlook for corporate transactions

In our latest “in conversation” webinar we discussed the outlook for the corporate transaction market. Whilst it would be a brave person to predict the future of anything at the moment given current circumstances, we were joined by two organisations who are very well placed to provide their views.

John Laud, Head of Corporate Banking for North and West Yorkshire for Barclays, his colleague Stephen Loureda from their Credit Analysis Team, and Jill Williams, Investment Director of Mercia Asset Management’s Growth Fund, were in conversation with Ward Hadaway corporate partners Adrian Ballam and Jonathan Pollard to share their thoughts about how the ‘new normal’ for the transactions market may look:

  • With supply chain and forecast prediction challenges, how will banks and investors determine what represents a sound opportunity?
  • How will distressed and opportunistic acquisition opportunities be funded, and what is investor appetite for such opportunities?
  • How have seller and buyer pricing expectations been impacted as a result of the pandemic?
  • How are funders reacting, and how should ambitious businesses respond to the very low, or even negative, interest rates?

We expect this video to be of real value to those businesses whose plans of buying, selling or investment may have been impacted by the current economic crisis, but who are looking at opportunities to determine how they may shape their futures – #gettingbacktobusiness.

What should I do if I have a hearing scheduled in the COP?

Parties are encouraged to review upcoming matters to assess the viability for there to be any agreement which can be reached in relation to the issues in dispute or to consider whether the case needs to proceed to a remote hearing. If directions or issues can be agreed between the parties, reducing the need for remote hearings, then that is the preferred option.

How can workers get to work safely?

The Government’s guidance says walk, cycle or drive to work and avoid public transport if you can. Businesses will need to support workers in adopting alternative travel methods to reduce exposure to the virus. You could consider staggering start and finish times for shifts to reduce commuting during peak hours, or support cycling with secure storage facilities and a drying room.