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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Public sector construction contract adjudication – beware ambush or smash and grab!
Since 2013, the construction industry has been steadily climbing out of the recession, with employment in the sector reaching 2.11 million in the middle of 2015 after growth of 9.5% to £103 billion for the year 2014. Post Views: 932
Continue readingAdjudication Society publishes report on development of adjudication
A recent report published by the Adjudication Society, Report No.14, presents ‘research analysis of the development of adjudication based on returned questionnaires from adjudicator nominating bodies (ANBs) and from a sample of adjudicators.’ Post Views: 936
Continue readingCase report: Apcoa Parking (UK) Limited v Crosslands Properties Limited [2016] CSOH 63
Background Crosslands Properties Limited (Crosslands) was the owner of a multi-storey car park located in Dunfermline that was renovated in 2002. Apcoa Parking (UK) Limited (Apcoa) was the occupier of the car park. The multi-storey car park was in disrepair after the waterproof coating on the top deck had failed and the concrete had broken…
Continue readingCase report: Carillion Construction Ltd v Woods Bagot Europe Ltd and others [2016] EWHC 905 (TCC)
Background Carillion Construction Limited (Carillion), a contractor, entered into a JCT standard form building contract with contractor’s design with Rolls Development UK Ltd (Rolls) in June 2007, for the construction of the High Court’s Rolls Building in London. The building contract contained typical provisions for the extension of time and liquidated damages in the event…
Continue readingCase report: Lukoil Mid-East Ltd v Barclays Bank plc [2016] EWHC 166 (TCC)
Background Lukoil, an oil and gas company, entered into an agreement with Baker Hughes Asia Pacific Limited in 2011 to drill and complete 23 production wells in an oil field in South East Iraq. The estimated contract price was $142,300,680. As security for the performance of the contract, Baker Hughes provided an on-demand bank guarantee,…
Continue readingConstruction case: Galliford Try Building Ltd v Estura Ltd [2015] EWHC 412 (TCC)
Justin Mendelle, head of construction at Sharpe Pritchard, discusses how a recent case makes clear that although a party is not allowed to re-adjudicate on a procedural matter, it will not be prevented from challenging the value of the works on the next application. Post Views: 1,297
Continue readingConstruction case: Harding (t/a MJ Harding Contractors) v Paice [2014] EWHC 3824 (TCC)
Justin Mendelle, head of construction at Sharpe Pritchard, looks at a recent case which highlights the importance that employers ensure payment applications considered to be wrongly valued, are corrected as soon as possible. Background Harding as the claimant building contractor, entered into a building contract with the defendant developers Paice, to construct two residential houses….
Continue readingConstruction case: ISG Construction Ltd v Seevic College [2014] EWHC 4007 (TCC)
Justin Mendelle, head of construction at Sharpe Pritchard, discusses a recent case that highlights the importance of employers serving timely payment or pay less notices. Post Views: 3,387
Continue readingBouygues E&S Contracting UK Ltd v VITAL Energi Utilities Ltd [2014] CSOH 115
Justin Mendelle, partner and head of construction, looks at how a recent case highlights the difficulties of overturning an adjudicator’s decision. Post Views: 980
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