Construction Disputes

Against the backdrop of Carillion, parties need to keep in mind issues of payment upon termination of a construction contract. A recent Court of Appeal decision has confirmed that section 111 of the Construction Act applies to payments due after termination of a contract. A party must give a pay less notice if it wants […]

What do contractors need to be aware of when considering limitation periods, and how can it affect the claims they make? Claims arising from construction projects often require consideration of the law of limitation. Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature […]

On 15 January 2018 Carillion PLC and a number of its subsidiary companies (Carillion) went into liquidation, with the High Court appointing the Official Receiver as liquidator and six partners of PWC as special managers. Those clients who have contracts with Carillion or who are owed money may find the following guidance useful: Check carefully […]

Fladgate LLP has continued to be highly rated by Chambers Guide to the UK Legal Profession 2018, with a number of the firm’s partners ranked as leading individuals. Construction: Purchaser Lawyers ranked Gillian Birkby, Alan Erwin, Alan Woolston What the team is known for Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters […]

A recent case relating to offshore windfarms might not have caught the imagination of parties involved in other sectors, but contractors and developers should take note as the implications resonate more widely. Much has been said already about the recent Supreme Court case of MT Højgaard v E.ON. A critical issue, relevant for present purposes […]

A recent TCC case has highlighted the pitfalls associated with trying to ignore adjudication proceedings A recent Technology and Construction Court case illustrates the risks to a responding party of not participating in adjudication proceedings. The facts of Lobo v Corich & Anor [2017] EWHC 1438 (TCC) were straightforward, if a little unusual. Facts of […]

A recent case has clarified when a party may be able to raise a substantive defence to adjudication enforcement. The courts have long made it clear that they will enforce adjudicators’ decisions save in the most exceptional circumstances. In the context of enforcement proceedings, the courts are not concerned with whether the adjudicator got the […]

Given that most high-profile competition law actions tend to involve the decisions of large-scale regulators following heavily-protracted investigations (such as the recent seven-year EU commission investigation into Google’s online shopping offering), small businesses and consumers could be forgiven for thinking that redress in competition law is not a realistic proposition. It was, however, with this […]

Chester Zoo fell victim to a type of fraud called ‘invoice hijacking’, where fraudsters intercept correspondence between two parties that have an existing contractual relationship and invoice the target for services that have actually been rendered. Chester Zoo had engaged Laing O’Rourke to carry out construction works for a safari experience valued at approximately £17 […]

A recent case demonstrates the importance of having a written agreement in place, no matter how tempting it may be to solely rely on oral terms. Graham Leslie v Farrar Construction Ltd is a Court of Appeal decision regarding the recovery of overpayments made to a contractor. Mr Leslie and the contractor, Farrar Construction, entered […]

There are new clauses in JCT contracts that require careful consideration. Some important changes have been introduced in the latest updates to the Joint Contracts Tribunal (JCT) suite of standard form contracts with which users must become familiar. The updates will affect most construction projects in the UK, where JCT contracts remain the most commonly […]

Background Most construction and engineering disputes are settled by negotiation and without the need for formal dispute proceedings.  Where disputes cannot be resolved in this way, a claimant will usually have the option of pursuing its entitlements through statutory or contractual adjudication.  In some cases, however, litigation or arbitration will be necessary. Before commencing court […]