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.
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Can 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: 922
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 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: 1,669
Continue readingRiva Properties Limited & Ors v Foster & Partners Limited [2017] EWHC 2574 (TCC)
Author: Amy Brown Background In 2007, Mr Dhanoa, operating through his four companies (the “Claimants”), engaged Fosters (the “Defendant”) as architects to design a luxury 5-star hotel at London Heathrow. According to Mr Dhanoa, he told Fosters that the scheme must be designed within a budget of £70 million. Just a few months later, costs consultants…
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: 1,013
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 readingArticle 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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