Government provides welcome advice on fire safety in residential buildings

11 March 2020

The Government’s Expert Panel has now issued a consolidated advice note on fire safety following the Grenfell Tower tragedy. The note provides guidance for building owners to act on and highlights the importance of doing so promptly to ensure the safety of residents. The new guidance consolidates the 22 Advice Notes issued in the wake […]

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Hybrid contracts and valid payment notices explored

18 December 2019

The statutory payment provisions for construction operations are designed to encourage cash flow within the construction industry. In the case of C Spencer Limited V MW High Tech Projects UK Limited[1] the Court had to consider the implications of a contractual payment regime that dealt with both construction operations and other works together.

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The Foundations of a Claim – Do I have a Construction Contract?

15 October 2019

A recent case in the Technology and Construction Court (Universal Sealants (UK) Ltd (t/a USL Bridgecare) v Sanders Plant and Waste Management Ltd ) looked at the consequences of when a contract related to construction is not in fact a “construction contract”

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Can a Company in a CVA Enforce an Adjudication Award?

14 June 2019

In Indigo Projects London Ltd v Razin & Anor the Court declined to enforce an adjudicator’s decision as it would interfere with the accounting exercise of Indigo’s Company Voluntary Arrangement (CVA).

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Adjudication: Fraud unravels all

16 May 2019

The procedure for enforcing adjudication decisions is designed to be quick and cost effective. In most cases, the Court will enforce adjudication decisions by way of summary judgment unless it can be shown that (i) the adjudicator lacked jurisdiction, and/or (ii) there has been a breach of natural justice.

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Court of Appeal shuts the door on insolvent companies adjudicating

24 January 2019

Fladgate acted for the successful respondent in MJ Lonsdale v Bresco. The Court of Appeal decision was handed down this morning. The judgment will inevitably impact on the construction industry. Digby Hebbard and Oliver Tobin discuss this important decision.

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‘Practical Completion’ – Is your definition practically complete?

16 January 2019

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer.  The term is almost universally used in the construction industry, yet, despite its significance, is not legally defined and is readily left undefined in building contracts.  What then does the term PC actually mean?

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Professional negligence for gratuitous services

6 December 2018

In Burgess & Anor v Lejonvarn [2018] EWHC 3166 (TCC), the Technology and Construction Court (TCC) has rejected a negligence claim against an architect for gratuitous services which she provided for her friends in connection with a landscape gardening project.

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Found you! – Peering behind the corporate veil

8 November 2018

In dismissing a defendant’s ‘corporate veil’ defence, the High Court has made it clear that it can and will allow claims to be made against directors and shareholders in the appropriate circumstances (Palmer Birch v Lloyd & Anor [2018] EWHC 2316 (TCC).

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Duty of care – buyer beware!

10 September 2018

A recent decision of the Technology and Construction Court emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship.

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