Temple Bright advises Plaza 21 and 35 Florida Street on cladding remediation projects

Bristol and London law firm Temple Bright has advised Plaza 21 Residential Management Company Limited, a Swindon-based high-rise residential block, on a fire safety remediation project to remove unsafe cladding from an 18m+ building.

Plaza 21 initially applied in its own name to the government’s Building Safety Fund, established after the 2017 Grenfell tragedy to help meet the costs of remediation of unsafe, non-ACM (aluminium composite material) cladding systems.

However, funding was ultimately secured under the developer’s own remediation fund, established via the building safety repairs pledge signed by 52 leading developers following discussions with the previous government in 2022-3.

The developer of Plaza 21 was Lendlease, which has signed a contract with the government committing to set aside £114m for such remediation works. Lendlease therefore took over responsibility from Plaza 21 for procuring the remedial works.

Temple Bright’s role included advising Plaza 21 initially on the grant funding agreement and directors’ responsibilities under it, the construction contracts and appointments in its own name, prior to the move to Lendlease procuring works. The firm then advised Plaza 21 on its agreement with Lendlease and all the collateral documentation needed to ensure Plaza 21 was protected.

The team at Temple Bright comprised four partners – Julia Davenport-Cooper (construction) and Catherine Welch (construction), Ian Davies (real estate), and James Falle (procurement).

Julia Davenport-Cooper said: “This was an extremely challenging project for all involved, with additional significant complexities arising from the late changes to the funding model, but we were delighted to achieve a signed agreement with Lendlease to see the vital work getting started and the immediate threat to life being addressed.

“These projects are hugely stressful for our clients, who often have no experience in large and complex construction projects. Aside from the very real threat to life that occupants have had to live with, they have also been unable to sell or remortgage their properties and so are left feeling trapped in their unsafe flats.

“The additional complexity on cladding projects, in particular, is that the works need to be undertaken while the residents continue to live there. Managing and maintaining good communication between all parties is therefore vital.”

Cherry Jones, managing agent for Plaza 21, said: “The occupants truly deserved a medal for enduring the restrictive environment, especially during last summer with windows having restrictors and patio doors disabled. The occupants were amazing, tolerating the noise, dirt, and lack of play areas for their children. Now that the work is nearing completion, they can enjoy the garden again, and by summer this year everything will be back to normal and the children will have a proper place to play.

“Working with Julia and the Temple Bright team was fantastic and made the entire process far more manageable for us. Julia has real familiarity with the rules and contracts involved in remediation projects of this kind, and she helped us to navigate the balancing act of getting the work done on time and on budget while maintaining positive relations and good communication with our residents.”

Temple Bright has a developing niche in cladding remediation projects, having in 2022 supported a £3.5m funding application to the Building Safety Fund for Union Wharf, a complex of 107 flats. The firm has also recently advised 35 Florida Street in Bethnal Green on its remediation works to an 11m+ high-rise residential building, funded under the government’s Cladding Safety Scheme. That project involved Temple Bright assisting with the application process, building contract terms, grant funding agreement and consultant appointments.

A director of 35 Florida Street Limited said: “We have been very happy with Temple Bright’s support and advice throughout this challenging process. We rely on skilled specialists who are on top of the rules as well as what to expect from contractors, and can get us the best possible result. Julia Davenport-Cooper has this expertise and did just this.”

Julia Davenport-Cooper continued: “With the Building Safety Fund having closed and all the cladding projects, outside London, being run through the Cladding Safety Scheme, it does seem that progress is being made in refining and streamlining the application process. This appears to be helping to enable projects to get to site quicker. Government is rightly setting high targets for delivery of these projects and looking to resolve parts of the process which have previously caused friction, with a view to ramping up the pace of delivery.

“There are still over 2,000 high-rise properties (especially in the mid-range of 11-18m) in the private sector across the UK requiring fire safety remediation work owing to unsafe cladding. There may be more in the social sector. We are familiar with all the challenges involved in both securing this funding and procuring the works, and have helped a number of clients to meet such challenges and achieve a successful outcome.”

Temple Bright was launched in Bristol in 2010 using a tech-enabled, streamlined business model. It opened its second office in London EC2 in 2013 and now has more than 75 partners, evenly spread across the two locations.

The firm advises clients ranging from start-ups to PLCs across a range of sectors, with significant expertise in real estate and construction work.

Julia Davenport-Cooper

• Construction & Engineering
• Energy & Environment

Catherine Welch

• Construction & Engineering
• Energy & Environment

Ian Davies

• Real Estate