The NEC4 suite of contracts was published in June 2017. Following publication there has been continuing discussion and feedback from users and industry experts on the new features, forms and changes from NEC3 that were introduced. In response, NEC published a set of amendments to NEC4 in January 2019 and have now issued a second…
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Construction Law – End of Summer Roundup
The summer months saw a number of significant construction cases being published, covering topical issues such as the validity of notices served on closed offices during ‘lockdown’, to questions which have been around for longer, like the exploration of principles under the Construction Act. This roundup looks at a handful of the key cases from…
Continue readingTo Hull and Back: TCC considers whether adjudication decisions regarding EfW plant contract can be enforced
Authors: Juli Lau and Oliver Slater Engie v MW High Tech Projects[1] is the latest in a long line of cases arising from the construction and/or operation of Energy from Waste (EfW) plants. In this case, O’Farrell J has ruled that adjudicators’ awards cannot be enforced due to an exclusion in the Construction Act in…
Continue readingStop right there: the new insolvency moratorium and adjudication
Author: Michael Comba The effect of the moratorium provisions of the Corporate Governance and Insolvency Act 2020 and adjudication. Insolvency, not COVID-19, is promising to be adjudication’s hot topic for 2020. Following the landmark judgment in Bresco, the recently passed Corporate Governance and Insolvency Act 2020 (the “Act”) raises yet more questions for when dealing…
Continue readingCase Summary: MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd [2020] EWHC 1413 (TCC) (05 June 2020)
Read more about: Construction, Construction disputes resolution, including adjudication, Latest news and blog This judgement of Mrs Justice O’Farrell rehearses some important arguments concerning the crystallisation of construction disputes. What is Crystallisation? It is well-established that, before a notice of adjudication can be served, a crystallised dispute or difference must exist between the parties. Jackson J first set…
Continue readingCase summary: Drive (Edgware) Ltd v S&T (UK) Ltd [2019] EWHC 3139 (TCC)
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…
Continue readingAn exercise in futility? Think again: Balfour Beatty Civil Engineering Ltd v Astec Projects Ltd (In Liquidation)
2019 saw a number of high-profile contractor insolvencies and two landmark cases exploring the relationship between the adjudication and insolvency regimes (Bresco[1] and Meadowside[2] respectively). For an industry in which cashflow is king, the outbreak of COVID-19 threatens to have especially sizeable implications for construction contractors and could precipitate further insolvencies. It is therefore more…
Continue readingCase summary – Fleixidig Ltd v M&M Contractors (Europe) Limited
This case has provided some useful guidance on the enforcement of an adjudicator’s decision outside of the jurisdiction defined by the contract. The court heard two interlinked disputes brought by the parties to the contract – a ‘jurisdiction application’ and an ‘enforcement application’. Background The respondent employer (M& M Contractors (Europe) Limited) was domiciled in…
Continue readingTime 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: 3,452
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: 2,575
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