Dispute Resolution Hub
Hybrid contracts and valid payment notices explored
18 December 2019The 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.
Read moreThe Foundations of a Claim – Do I have a Construction Contract?
15 October 2019A 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”
Read moreCan a Company in a CVA Enforce an Adjudication Award?
14 June 2019In 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).
Read moreAdjudication: Fraud unravels all
16 May 2019The 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.
Read moreCourt of Appeal shuts the door on insolvent companies adjudicating
24 January 2019Fladgate 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.
Read more‘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?
Read moreProfessional negligence for gratuitous services
6 December 2018In 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.
Read moreFound you! – Peering behind the corporate veil
8 November 2018In 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).
Read moreDuty of care – buyer beware!
10 September 2018A 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.
Read moreBuilding safety, flammable cladding, and the Hackitt report
27 July 2018The fire at Grenfell Tower that took place in June 2017 resulted in 71 deaths and a large number of further injuries. Following the fire a number of inquiries and reviews were set up, including an independent review of fire safety and the current Building Regulations. This review was led by Dame Judith Hackitt and […]
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