50 results
27 Feb 2019 12:34
M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC)Background The Claimant and Defendants were parties to a construction contract that made no provisions for adjudication or payment. As a result, section 108(2) and 109 of the Construction Act were implied into the contract. A dispute then arose over the Claimant’s payment application for the final more...
14 Feb 2019 13:56
The primacy of insolvency law over construction lawWith the Court of Appeal’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd just a few weeks old, it is hardly surprising that people are looking again at the relationship between insolvency law and adjudication, noting that in cases of liquidation where parties have more...
7 Feb 2019 15:05
Shutting Pandora’s BoxInsolvency Set-Off and Construction Contract Adjudications in light of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (electrical) Ltd; Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27 Ever since 31 July 2018, when Fraser J handed down his judgment in Michael J more...
6 Feb 2019 12:32
Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27This case concerned both the appeal in Bresco v Lonsdale and Cannon Corporate v Primus Build. The present case comment is only concerned with the former. Background Bresco appealed to set aside the order of an injunction from Fraser J. That injunction prevented the continuation of an adjudication in more...
6 Feb 2019 08:57
A reminder of the possible difficulties when one party relies on another to take out insurance: Palliser v FateIntroduction The recent decision of Andrew Burrows QC, sitting as a Judge of the High Court, in Palliser Limited v Fate Limited (In Liquidation) [2019] EWHC 43 (QB), is a useful reminder of the difficulties that can arise where one party (here a tenant) relies on another (its landlord) to take out more...
25 Jan 2019 13:59
Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC)In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract. Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) Background As part of the Bart Square residential development project, E.ON more...
14 Jan 2019 08:53
Stelio Stefanou v A Culmer Fixing Service Limited [2018] EWHC 2208 (TCC)Martin Bowdery QC successfully represented the Claimant seeking damages in the region of £1 million for breach of contract and/or duty on the part of the contractor in respect of defects in the design and installation of a glass roof/entertainment space over the atrium between two more...
11 Jan 2019 13:08
Mears Limited v Costplan Services [2018] EWHC 3363 (TCC)7 December 2018, TCC Mr Justice Waksman Background The Claimant, Mears Ltd, managed and provided student housing. In May 2016, Mears entered into an agreement for a lease with PNS relating to two blocks of student accommodation. Under the framework of the agreement PNS would procure the construction more...
4 Jan 2019 09:29
Construction Disputes Expert ForumWhat have been the trends in construction disputes over the last 18 months? How do current approaches to procurement mitigate construction disputes? What can be done to avoid construction disputes? To answer these questions and more Tom Peel and Jules Harbage, both partners in the Construction & more...
20 Dec 2018 12:26
“2018 in legal – the year of the agreement” – Rupert Choat for Building MagazineRupert Choat looks back at 2018. Originally published in Building magazine – 20 December 2018. While one particular agreement dominated this year’s headlines, there was plenty on offer from other agreements. The negotiation of the withdrawal agreement between the UK and the EU monopolised the news more...
13 Dec 2018 15:43
University of Warwick v Balfour Beatty Group [2018] EWHC 3230 (TCC)Background The Claimant, Warwick University, employed Balfour, the Defendant, to design and build a National Automotive Innovation centre on its campus site under a JCT 2011 Design and Build contract. Under the contract, the works were divided into four sections and provision was made for liquidated more...
13 Dec 2018 13:46
Fitness for purpose again: beware the lack of contract termsIn Williams Tarr Construction Ltd v Anthony Roylance Ltd and another, the TCC considered a construction company’s breach of contract and breach of warranty claim against an engineer for the defective design of a retaining wall. Williams Tarr Construction Ltd v Anthony Roylance Ltd and another more...
10 Dec 2018 15:33
Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC)Mears Limited v Costplan Services (South East) Limited & Others [2018] EWHC 3363 (TCC) concerned the development of student accommodation in Plymouth. Mears Limited (“Mears”) alleged that there were substantial and material deviations from the contractual drawings and sought declarations preventing more...
4 Dec 2018 10:05
After Makdessi and GPP, the question is, are your LDs commercially viable?Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: more...
3 Dec 2018 12:09
Synergy Gas Services v Northern Gas Heating [2018] EWHC 3060 (TCC)Background An adjudication decision was made in favour of Synergy Gas Services against Northern Gas Heating on 8 August 2018. The present case concerns an application by Synergy Gas Services for enforcement of the adjudication award. The key issue was whether the adjudicator had breached natural more...
29 Nov 2018 10:14
General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd [2018] EWCA Civ 2416Background GMH provided loans to Qucomhaps of around $4,000,000 to assist it in purchasing the business of the aircraft manufacturer, Moravan. Repayment was secured by a personal guarantee from Mr Harkin, Qucomhaps’ managing director. Further GMH was granted fixed and floating charges over the more...
26 Nov 2018 08:37
“A country manor house conspiracy”: Sir Robert Akenhead and Omar Eljadi for Building MagazineSir Robert Akenhead, with assistance from Omar Eljadi, discuss the case of Palmer Birch vs Michael Lloyd and Christopher Lloyd, where dealings by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies, in their article entitled “A country manor house more...
15 Nov 2018 17:21
Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a more...
9 Nov 2018 10:10
Tom Horder represents building contractor in HSE gas main prosecutionTom Horder has represented a building contractor in an HSE prosecution arising from damage to a gas main. During the subsequent repair works escaping gas ignited. On 6.11.18 At Folkstone Magistrates’ court Southern Gas Networks (the Co-defendant Company) was fined £1.2m and the building contractor more...
30 Oct 2018 15:18
“Hardwicke is a first division operation with great strength in depth” – Hardwicke achieves excellent results in Legal 500 2018Hardwicke is delighted to report excellent results in the 2018 edition of Legal 500. A new recommendation as a leading set for Insurance and Reinsurance has been added to Hardwicke’s recommendations as a leading set for Construction, Personal Injury, Professional Negligence, Property Litigation and more...
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