‘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…

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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…

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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”)…

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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: 13

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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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