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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Time 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: 2,713
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: 2,341
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 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: 1,231
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 readingRoyal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWCA Civ 2196
Author: Justin Mendelle and Tola Odedoyin It is common for parties to a construction contract to apportion risk and limit liability by specifying the damages that one party will be obliged to pay to the other in the event of a breach. However, it is by no means straightforward to always capture commercial intentions with precise…
Continue readingGB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289
Author: Tola Odedoyin and Justin Mendelle We continue our look back at some of the more interesting or lesser reported cases from last year – in the spotlight this week, GB Building Solutions Limited (GB) v SFS Fire Services Limited (SFS). Post Views: 1,520
Continue readingRecovering 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: 855
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