Andrew McKenzie Smith is a partner in the firm’s commercial litigation department and leads the contentious construction team.

David deals with all non-contentious aspects of construction work including negotiating appointments and warranties of professional consultants and advising employers, contractors and funders with regard to amendments to standard building contracts.

Since 1 January 1996, tenants under leases created on or after that date have obtained a release from their tenant obligations in the lease upon any assignment, pursuant to the terms of the Landlord and Tenant (Covenants) Act 1995.

Although a home owner had obtained planning permission for an extension to his property, the construction of the extension, and its existence once built, was capable of constituting an "annoyance" to neighbouring residents. As the residents had the benefit of a covenant on the title to their property that the homeowner should not do anything that may become a "nuisance or annoyance" to the other residents, they succeeded in having the work stopped.