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Your Home, Your Risk: Why Legal Contracts Matter on Renovations

What value do you place on your home?

Your home is one of the largest investments you will make. In almost all cases, it is your most important asset not just because of its capital value, but because it’s your home and hopefully a sanctuary. Yet so many of us neglect its importance when arranging for works to be undertaken to it.

It is exciting to be improving or extending your home. However, without proper planning and legal safeguards, home improvement projects very often spiral into dispute, financial loss, and even damage to your most valuable asset.

How can you protect yourself?

1. Contractor selection – Select your contractors and professionals very carefully.
2. Defined works – Be very clear about what is and what is not included.
3. Insurance – Make sure the contractor is adequately insured.
4. Contract – Have the contractors and advisers enter into a formal contract.

Selecting a Contractor

Just a few of the many considerations include:

• Where possible, obtaining a personal recommendation, and attending previous jobs and speak to the contractor’s client;
• Checking the contractor’s financial solvency; and
• Ensuring the contractor is adequately insured.

Defining the Works

Make sure that all the works you are instructing to be carried out are clearly defined, and that you specify to what standard these must be completed.

Insuring the Works

Even on small jobs, things can do drastically wrong – a nail through the wrong wall could mean a pipe bursting and flooding your home and any adjoining properties, or faulty wiring could result in fire damage to your property and contents. Standard home insurance will not cover any ongoing works, and you should ensure that your contractor (a) is adequately insured to cover these risks and (b) takes responsibility for such damage by means of a formal contract.

A Formal Contract

The best step you can take to protect yourself is put a proper building contract in place at the outset. A well-drafted contract does more than just describe the works to be carried out – it manages your risk, defines responsibilities, and provides legal recourse if something goes wrong.

Many homeowners assume that standard or unamended forms of agreement offer sufficient protection. In reality, these agreements are inherently contractor-friendly and leave homeowners exposed.

Why do you need a contract?

Without appropriate contractual protection, you may be exposed to serious risks which can affect your ability to live in, sell, or borrow against your home. For example:

1. Defective works

Statutory construction obligations are unlikely to protect you from the full extent of any damage and financial losses you might suffer as a result of poor workmanship. And even where they do, contractors routinely seek to limit your ability to recover losses by inserting onerous limitation clauses into construction forms. Even where you believe you are “covered,” you may find you cannot recoup your losses in practice.

2. Legal and Regulatory Consequences

If works are completed without the necessary approvals or certificates (e.g. building control sign-off or listed building consent), you may be in breach of legal obligations or planning conditions. Standard forms of contract tend to place the burden of complying with these on you, rather than on the contractor. This can cause problems years down the line. Solicitors acting for prospective buyers will raise enquiries about the works, and any gaps in paperwork will come to light.

3. Impact on Property Value and Mortgageability

Failure to complete your project in compliance with your mortgage terms could reduce a valuation of your home – or worse, lose you your mortgage. Mortgage lenders can refuse to lend against properties with unresolved building issues or works which have not been signed off. If you need to refinance or a buyer needs a mortgage, the transaction could fall through.

4. Inadequate Insurance and Uninsured Works

Standard, unamended building contracts often contain minimal insurance provisions, offering little or no protection against professional negligence, leaving you exposed if things go wrong. The risks of professional negligence are real and potentially devastating, as seen in tragic cases like Grenfell Tower.

Your home insurance should be carefully considered to establish if it covers the works, but worse, could also be in jeopardy. Many homeowners are also unaware that their standard buildings insurance policy will almost certainly not cover construction works, and that these need to be insured separately. Failure to notify your insurers or ensure the works are completed in accordance with their requirements could also invalidate your cover.

Your contract, if well drafted, can provide critical protection, allowing you to recover losses arising from negligent or defective works for up to 12 years after completion.

5. Breaching your Leasehold Terms

Leaseholders face heightened risk, as they must comply not only with general legal obligations but also with general legal obligations but also with the specific terms of their lease. Unauthorised works can amount to a breach, exposing the leaseholder to enforcement action or even forfeiture.

Even when works are authorised, problems can arise if the building contract doesn’t require the contractor to comply with the terms of the lease or any licence for alterations. Breach of those terms, however inadvertent, remains the leaseholder’s responsibility. Crucially, you are unlikely to recover losses from the contractor, who is not bound by your lease or licence as they are not a party to that agreement.

Get in touch with our Construction Team

Our specialist Construction Team is experienced in identifying and addressing risks before problems arise. We offer cost-effective, tailored contracts that help safeguard your home and your finances, giving you peace of mind.

Making this small investment now could save you significant time, stress, and expense later – potentially avoiding costly litigation. Get in touch to find out how we can help.

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Why U.S. Companies Need to be Prepared for UK Employment Law

Expanding into the UK: A Strategic Opportunity

As global markets continue to evolve, more U.S. businesses are looking to expand operations overseas; and the United Kingdom remains one of the most attractive destinations.

With a shared language, a highly skilled workforce and a strategic location deemed a gateway to Europe, the UK is an ideal launchpad for American companies seeking international growth. However, while the business environment may appear generally familiar, the legal and regulatory framework in the UK, particularly around employment law, can differ significantly from the U.S. system. For this reason, it is essential for any U.S. businesses entering the UK market to seek early guidance from experienced UK employment lawyers.

Key Differences in Employment Law

UK employment law places a strong emphasis on employee rights and protections. For instance, here in the UK, workers benefit from statutory entitlements including paid annual leave, statutory notice periods, redundancy pay, and protection against unfair dismissal. Many of these apply from day one of employment. Unlike the U.S. ‘at-will’ employment model, UK law places a key emphasis on employers following specific legal procedures when handling disciplinary action, grievances, redundancies, and dismissals. Therefore, failing to follow the various statutory processes can lead to legal claims, regardless of whether employers have just cause to discipline or terminate an employee’s employment.

Legal Reach Beyond Borders

Additionally, the reach of UK employment law can extend beyond borders. For example, sexual harassment protections apply even if the parties involved are located in different countries. A UK-based employee subjected to inappropriate behaviour from a colleague overseas could bring a claim under UK law. Employers can be held vicariously liable unless they have taken all reasonable steps to prevent such conduct, including providing training and enforcing clear policies.

Laying the Groundwork for Compliance

Early preparation is essential when establishing a UK presence. From the outset, U.S. businesses should ensure employment contracts (required from day one of employment), HR policies, and internal procedures complaint with UK law are in place. This proactive approach not only reduces legal risk but also sets the tone for a healthy workplace culture.

The Importance of Due Diligence in Acquisitions

Moreover, when entering the UK market through the acquisition of an existing business, it is critical to conduct a full employment law audit. Without proper due diligence, U.S. companies risk inheriting non-compliant practices, unresolved disputes, or hidden liabilities that could result in costly claims or operational disruption.

Legal Guidance: A Strategic Advantage

Involving UK employment lawyers at an early stage helps ensure a smooth, compliant entry into the UK market (whether this is through organic growth or acquisition) while protecting both the business and its workforce.

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Demystifying Trusts: Answers to Google’s Top Questions with Ben Rosen

In the video, private wealth & tax partner Ben Rosen tackles the most-searched public queries around one of the most frequently misunderstood vehicles in wealth planning–trusts. Following the response to our video on Diary of a CEO‘s tax debate, it became clear from the online commentary that people are unfamiliar with how they operate, particularly regarding taxation, asset protection, and on the death of a family member. Ben steps in to clarify.

Why are trusts used?

One of the most common misconceptions is that trusts exist primarily to avoid tax. In the UK, this simply isn’t the case. While tax considerations may come into play, trusts are fundamentally tools for succession planning, helping individuals preserve and manage wealth across generations.

Ben illustrates this with a relatable scenario: Imagine a successful business owner with two children, one actively involved in the business, the other not. The family may have concerns about inheritance being affected by potential issues like divorce, bankruptcy, or addiction. A trust can provide a balanced, protective structure, allowing the parent to support both children while safeguarding the longevity and values of the family business.

Why are trusts seen as complicated?

This often depends on who you ask. At their core, they are not complex. They are not standalone entities, but rather legal relationships between:

• The trustees, who look after the trust assets in accordance with the trust deed; and
• The beneficiaries, who can benefit from those assets.

The trust deed is a legal document outlining the powers and responsibilities of the trustees. Often accompanying this is a letter of wishes, a non-binding document that guides trustees on how to exercise their discretion in line with the settlor’s values and intentions.

The complexity often arises from legal terminology, not the concept itself. As Ben points out, understanding the “code” behind the legalese can make things clearer, something lawyers are trained to do for their clients.

Why are trusts so expensive?

Trusts exist on a spectrum. Some, like bare trusts, are straightforward and inexpensive. These might simply hold assets until a child reaches 18. Others, especially those involving complex family dynamics, business interests, or long-term planning, require tailored legal and tax advice, which can increase costs. The level of complexity, and therefore expense, should reflect the needs and goals of the person setting up the trust.

Why are trusts allowed?

Trusts are not shadowy loopholes; they are lawful, regulated structures. In the UK, most trusts must be registered with HMRC’s Trust Registration Service (TRS). This ensures transparency and compliance with financial and anti-money laundering regulations. Trusts are allowed within strict legal boundaries, and their existence supports legitimate planning needs, particularly where families are navigating intergenerational wealth or complex personal circumstances.

Final Thoughts

As Ben make clear, the purpose of trusts is not to game the tax system, but to provide flexible, legally recognised ways to protect assets, plan for the future and honour family wishes. When designed and administered properly, trusts are not about secrecy, they’re about clarity, control, and care. 

Watch the full video to hear Ben’s answers in depth and understand why, far from being loopholes for the wealthy, trusts are vital tools for anyone navigating life’s complexities with foresight.

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