Case Updates

10
Nov
2017

Riva Properties Limited & Ors v Foster & Partners Limited [2017] EWHC 2574 (TCC)

Author: Amy Brown Background In 2007, Mr Dhanoa, operating through his four companies (the “Claimants”), engaged Fosters (the “Defendant”) as architects to design a luxury 5-star hotel at London Heathrow. According to Mr Dhanoa, he told Fosters that the scheme must be designed within a budget of £70 million. Just a few months later, costs consultants…

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9
Nov
2017

Recovering the cost of adjudication

Authors: Justin Mendelle and Tola Odedoyin Update After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it. Post Views: 331

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2
Nov
2017

North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC)

Authors: Juli Lau and Amy Brown Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time…

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19
Sep
2017

125 OBS (NOMINEES 1) v LEND LEASE CONSTRUCTION (EUROPE) LTD & OTHERS [2017] EWHC 25 (TCC)

Background When panes of glass started to fall from 125 Old Broad Street onto the pavement in the heart of the City of London, it was clear that something had gone wrong with the recent refurbishment of that building. The refurbishment works took place between 2006 and 2008 under a design and build contract. Lend…

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13
Sep
2017

Costain Limited v Tarmac Holdings Limited [2017] EWHC 319 (TCC)

“This is an application by the defendant to stay these proceedings pursuant to section 9(1) of the Arbitration Act 1996 (“the 1996 Act”). However, that bland description does not accurately convey the plethora of issues and sub-issues which have arisen between the parties arising out of and connected with the stay application” (paragraph 1). The…

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12
Sep
2017

SSE Generation Ltd v Hochtief Solutions AG [2016] CSOH 177

Background On 29 June 2009, the Queen opened the Glendoe Hydro Electric Scheme (the “Scheme”) near Loch Ness in Scotland. The 5 mile tunnel which was constructed between 2006 and 2008 had an estimated lifespan of 75 years and was designed to generate electricity for approximately 20% of the year. By August 2009, the Scheme…

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4
Aug
2017

Newsflash: Supreme Court decision to have ramifications for the entire construction industry

A Supreme Court case that was decided yesterday will have ramifications for the entire construction industry. We have prepared the following summary: Post Views: 164

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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: 629

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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: 449

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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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