Construction Disputes

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 […]

The CIC’s free User’s Guide to Adjudication has just been republished and contains useful advice for anyone involved in adjudication. The Construction Industry Council has republished its free ‘User’s Guide to Adjudication’, updated to 2017. This replaces the 2003 version, which was popular with many in the construction industry – especially those involved in adjudication […]

A striking recent case from the Caribbean highlights the vital importance of putting formal, contractually binding payment procedures in place. At its heart, Harlequin Property v Wilkins Kennedy [2016] EWHC 3233 (TCC) was a professional negligence case – albeit one with trimmings of the absurd. The claimant, Harlequin Property, was the developer of a luxury […]

Key points: Expert evidence is required in most construction and engineering disputes Experts will usually prepare written reports and may be cross-examined Expert evidence can determine the outcome of construction disputes There have been some recent examples of poor expert evidence performance being harmful to party’s cases Careful consideration and deliberation are always required in […]

Introduction The Technology and Construction Court (TCC) recently issued a reminder that adjudication is not the ‘Wild West’ of dispute resolution. Giving judgment in Beumer v Vinci [2016] EWHC 2283 (TCC), Fraser J recapped that adjudicators must comply with the requirements of natural justice. The requirements of natural justice are commonly expressed as two separate […]

Barry Hembling, partner in the construction and engineering team at Fladgate LLP, explains the key pitfalls hoteliers should avoid when undergoing construction projects. Too many construction projects encounter problems that can easily lead to delays and cost overruns if not managed properly with some of these issues arising on projects in the hotel sector. Whilst […]

A recent case involving an offshore North Sea wind farm provides guidance as to how fitness-for-purpose obligations will be interpreted. Important guidance has been obtained on the interpretation of fitness-for-purpose obligations, which will be of relevance to anyone involved in the supply or purchase of goods. Should such an obligation be assessed by an objective […]