Legal developments in construction law: September 2021

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