The process for issuing notices is a well-known potential source of dispute for parties to a construction contract. More than ever, with most offices operating remotely, contractual notices are necessarily being sent by email. This judgment in the High Court shed light on some of the challenges presented by this method of service, and is…
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An exercise in futility? Think again: Balfour Beatty Civil Engineering Ltd v Astec Projects Ltd (In Liquidation)
2019 saw a number of high-profile contractor insolvencies and two landmark cases exploring the relationship between the adjudication and insolvency regimes (Bresco[1] and Meadowside[2] respectively). For an industry in which cashflow is king, the outbreak of COVID-19 threatens to have especially sizeable implications for construction contractors and could precipitate further insolvencies. It is therefore more…
Continue readingTime after Time: Amey LG Ltd v Aggregate Industries UK Ltd [2019] EWHC 3488 (TCC)
Author: Justin Mendelle and Oliver Slater Amey, the main contractor in relation to refurbishment works of Sheffield’s road network, engaged Aggregate as subcontractor to undertake surfacing, planning and civil engineering works. Post Views: 2,515
Continue readingEverwarm Ltd v BN Rendering Ltd [2019] EWHC 3060 (TCC)
Author: Justin Mendelle and Oliver Slater The Scottish Government launched the Home Energy Efficiency Programme Area Based Scheme in 2014, aiming to increase funding of external wall insulation and consequently reduce fuel poverty in Scotland. Post Views: 2,284
Continue reading‘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…
Continue readingThe 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:…
Continue reading‘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: 1,173
Continue readingInterpreting 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…
Continue readingHigh 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”)…
Continue readingNo “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: 956
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