Case Updates

14
Mar
2017

Case report – Kilker Projects v Rob Purton (t/a Richwood Interiors) [2016] EWHC 2616 (TCC)

This recent court decision provides welcome protection to construction clients through the ability of an adjudicator to consider the value (in the absence of the appropriate notices) of final payment applications. Post Views: 56

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14
Mar
2017

Case Report – Lulu Construction Limited v Mulalley & Co Limited [2016] EWHC 1852 (TCC)

Sharpe Pritchard’s construction team considers this recent High Court case which may herald an increase in successful parties to an adjudication attempting to claim their costs. Post Views: 43

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5
Jan
2017

Extension of time – differing approaches under standard form construction contracts

Standard form construction contracts always include a mechanism for assessing whether and how the time for completion of works should be extended. An extension of time must be granted where a certain type of delay occurs. Justin Mendelle and Uzma Raja explain how these are dealt with in different ways under the JCT and NEC…

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22
Nov
2016

Article on ‘Adjudication: Beware ambush or smash and grab’ published in Local Government Lawyer

Justin Mendelle, partner and head of construction law at Sharpe Pritchard has had an article published in the Local Government Lawyer – Dispute Resolution 2016. Dispute Resolution 2016 is the latest in a series of research reports conducted by Local Government Lawyer to identify and analyse the challenges ahead for local authorities dealing with disputes….

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21
Oct
2016

Article on ‘Payment provisions of the Construction Act’ published in Construction Law Review

The Construction Law Review, published by the Chartered Institution of Civil Engineering Surveyors, is an annual publication containing legal articles and updates from senior professionals in the field of construction law. Edwina’s article, ‘Could the payment provisions of the Construction Act displace capped payment sums set out in letters of intent?’, looks at the amendments…

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21
Oct
2016

Could the payment provisions of the construction act displace capped payment sums set out in letters of intent? (First published in the Construction Law Review 2016)

There has been much written about (and cautioned against) the use of letters of intent over the years. It is perhaps a testament to the attention letters of intent have been given that the courts have seen very few cases recently where the parties are governed, or said to be governed, by them. Post Views:…

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10
Oct
2016

Public sector construction contract adjudication – beware ambush or smash and grab!

Since 2013, the construction industry has been steadily climbing out of the recession, with employment in the sector reaching 2.11 million in the middle of 2015 after growth of 9.5% to £103 billion for the year 2014. Post Views: 29

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4
Oct
2016

Case report: Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd [2016] EWCA Civ 396

In this analysis of a recent case with far-reaching implications for the construction industry, Sharpe Pritchard warns that a variation clause purporting to exclude variations other than those in writing, is not automatically enforceable and will be looked at on a case by case basis. Post Views: 113

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22
Sep
2016

Adjudication Society publishes report on development of adjudication

A recent report published by the Adjudication Society, Report No.14, presents ‘research analysis of the development of adjudication based on returned questionnaires from adjudicator nominating bodies (ANBs) and from a sample of adjudicators.’ Post Views: 25

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1
Aug
2016

Case report: Apcoa Parking (UK) Limited v Crosslands Properties Limited [2016] CSOH 63

Background Crosslands Properties Limited (Crosslands) was the owner of a multi-storey car park located in Dunfermline that was renovated in 2002. Apcoa Parking (UK) Limited (Apcoa) was the occupier of the car park. The multi-storey car park was in disrepair after the waterproof coating on the top deck had failed and the concrete had broken…

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