‘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
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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…
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
Continue readingCollateral 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.
Continue readingCan 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: 732
Continue readingNo 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…
Continue readingPPP contracts – how to avoid bringing long-term contracts from the boardroom into the courtroom
PPP contracts – how to avoid bringing long-term contracts from the boardroom into the courtroom The jury is once again out on whether PFI contracts are worth entering into or whether the government should put an end to such arrangements. This unfavourable attention comes hot on the heels of construction giant Carillion’s insolvency in January…
Continue readingNorth 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…
Continue readingConstruction case: Leeds City Council v Waco UK Ltd [2015] EWHC 1400 (TCC)
Juli Lau, associate in the Sharpe Pritchard Adjudication team look at a recent case that highlights the perils of failing to comply with contractual dates in respect of interim applications for payment. Post Views: 978
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