Nov
2019
‘Rare circumstances’: adjudication and breaches of natural justice – Corebuild Ltd v Cleaver and another [2019] EWHC 2170 (TCC)
Adjudicators have a statutory duty to “act impartially”. But, in contrast to arbitrators, the adjudicator has no such duty to act fairly or to adopt procedures ensuring a fair means of resolving the dispute. Nonetheless, the Court of Appeal decision in AMEC Capital Projects Ltd v Whitefriars City Estates Ltd made it clear that adjudicators…
May
2019
The Court of Appeal considers the application of liquidated damages following termination of an ICT contract in Triple Point Technology v PTT [2019] EWCA Civ 230
The Court of Appeal’s decision in Triple Point Technology v PTT [2019] EWCA Civ 230 has cast some doubt on the decision in last year’s case of GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866, which had accepted that liquidated damages clauses may continue to accrue beyond contract termination. Post Views:…
Mar
2019
‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC)
‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC) Post Views: 1,147
Mar
2019
Interpreting Practical Completion: University of Warwick v Balfour Beatty Group [2018] EWHC 3230 (TCC)
Background: The University of Warwick (Warwick) contracted Balfour Beatty Group Ltd (Balfour Beatty) under an amended JCT 2011 D&B to design and construct the National Automotive Innovation Centre (the Centre). The works were split into 4 sections. Balfour Beatty took possession of each of these sections on the 20 April 2015. However, the dates for…
Dec
2018
High Court awards damages against guarantor in GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866
Background: GPP Big Field LLP (“GPP”) was the Employer to 5 Engineering, Procurement and Construction contracts (“EPC contracts”) to build solar plants in the UK. The Contractor, Prosolia UK Ltd, is currently insolvent and therefore GPP sued its parent company, Solar EPC Solutions SL (“Solar”) as guarantor in order to recover both liquidated damages (“LDs”)…
Nov
2018
No “philosopher’s stone”- Court of Appeal confirms TCC’s decision in Grove Developments Ltd v S&T (UK) Ltd [2018] EWCA Civ 2448
The Court of Appeal has upheld Coulson J’s (as he then was) decision in the TCC[i]. Post Views: 924
Nov
2018
Court of Appeal rescues Arcadis Consulting Ltd in Arcadis Consulting (UK) Ltd v AMEC [2018] EWCA Civ 2222
Background: AMEC BCS Ltd (“AMEC”) was a concrete sub-contractor on both the Wellcome Centre (“Project 1”) and Castlepoint car park (“Project 2”) construction projects. It engaged Arcadis Consulting (UK) Ltd (“Arcadis”) to carry out design work to both these projects. The parties first agreed terms in relation to Project 1 on 8 November 2001 (“the…
Sep
2018
Collateral warranty claim struck out in Swansea Stadium Management Company Ltd v City & County of Swansea [2018] EWHC 2192 (TCC)
On 15 August 2018 O’Farrell J struck out part of Swansea Stadium Management Company’s claim against Interserve Construction Ltd in their application for summary judgment. Juli Lau, an Associate and commercial contracts specialist and Alexandra Bellis, a Trainee Solicitor in our Disputes Resolution team, consider the implications for construction contractors from the partial summary judgment awarded by the Technology and Construction Court.
Aug
2018
Can a lead consultant be responsible for works carried out by others? Midlothian Council v Bracewell Sterling Architects [2018] CSIH 21
Authors: Tola Odedoyin and Juli Lau This is a Scottish decision, which while not binding in England and Wales, provides insight into the interpretative approach the Court may take when faced with a similar situation in this jurisdiction. Post Views: 686
May
2018
No Oral Modification at the Supreme Court: Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24
Author: Juli Lau and Alexandra Bellis Following the appeal of the Rock Advertising Limited decision from the Court of Appeal in 2016, we analyse the judgment handed down on 16 May by the Supreme Court. This case is good news for employers and clients who are party to construction contracts – it provides protection against…
