55 results
18 Aug 2021 09:19
James Davison reviews the Curtiss case and the limits of disclosure3PB’s specialist construction law barrister James Davison has reviewed the case of Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC) for Lexis®PSL. The judgment provides a framework for the approach courts will be more...
29 Jul 2021 14:35
A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung for Lexis®PSLThe following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021). A return to orthodoxy—Supreme Court decides that accrued liquidated damages more...
21 Jul 2021 10:17
Success in Supreme Court for James Howells QC and Nicholas Maciolek in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29In Triple Point Technology, Inc (respondent) v PTT Public Company Ltd (appellant) [2021] UKSC 29, James Howells QC and Nicholas Maciolek represented the successful appellant in a hearing before the Supreme Court whose outcome has been the subject of considerable interest and speculation in the wider more...
26 May 2021 10:04
Manus McMullan QC in recent Gorgon project winGorgon is one of the world’s largest LNG projects, and the largest single resource project in Australia’s history. Manus McMullan QC was instructed by Owner who faced a claim originally put at approximately AU$ 2bn (including interest) from the contractor responsible for the design and build of the more...
26 May 2021 10:02
Lewisham Homes Ltd v Breyer Group Plc [2021] 4 WLUK 67Robert Clay successfully acted for social landlord Lewisham Homes in an adjudication enforcement enforcing an adjudicator’s decision that the contractor Breyer Group should pay £2.7 million (plus VAT) in respect of replacement and remedial works to fire doors. Lewisham Homes Ltd conducted a fire more...
26 May 2021 09:35
Manus McMullan QC, Christopher Lewis QC and Peter Land help to secure US$272m for the Panama Canal AuthorityThe International Chamber of Commerce has issued interim and final awards in favour of the Panama Canal Authority (ACP) in another of the disputes arising from the Third Set of Locks Project – one of the largest engineering projects in the world at the time. The awards concerned a number of elements more...
11 May 2021 11:40
3PB calls again for Australia-style laws after East London fireTwo of 3PB’s specialist construction barristers have again called for Australia-style legislation for the house and building construction industry after the latest tower block fire at New Providence Wharf in East London. Residents have been fighting to remove the building’s cladding since the 2017 more...
11 May 2021 11:12
**We are Recruiting**If you are a member of the Bar seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets in the south west outside of Bristol with members excelling in a wide range of areas of civil and more...
19 Apr 2021 15:33
Flexidig Limited v M&M Contractors (Europe) Limited [2021] EWHC 784 (TCC)In Flexidig Limited v M&M Contractors (Europe) Limited [2021] EWHC 784 (TCC), Roger ter Haar QC, sitting as a Deputy High Court Judge, addressed an application by the Claimant for a worldwide freezing order against the Defendant, a company based outside this jurisdiction (namely in Northern more...
25 Feb 2021 10:35
Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC)In Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC), His Honour Judge Hodge QC granted the claimant’s application for summary judgment to enforce the decision of an adjudicator, notwithstanding that the contract contained an exclusive jurisdiction clause in favour of the courts more...
25 Mar 2020 11:13
Working in the UK construction industry during the coronavirus pandemicGeorgina Dietrich, a pupil barrister at 3PB, writes about the practical and legal challenges facing those working in the construction sector during the current pandemic. Read the full article here : Legal and practical challenges of working in the construction industry during the coronavirus more...
31 Oct 2019 10:16
3PB calls for Australia-style laws after Grenfell Phase 1 ReportTwo of 3PB’s specialist construction barristers have today called for Australia-style legislation for the house and building construction industry after the Grenfell Report. This morning, the Grenfell Tower Inquiry, chaired by Rt Hon Sir Martin Moore-Bick, delivered its Phase 1 Report. The more...
17 Sep 2019 09:44
Chantal-Aimée Doerries QC and David Johnson successful in Court of AppealBennett (Construction) Ltd v CMC MBS Ltd [2019] EWCA Civ 1515 Chantal-Aimée Doerries QC and David Johnson acted for the successful Appellant in Bennett (Construction) Ltd v CMC MBS Ltd (formerly Verbus Systems Ltd) [2019] EWCA Civ 1515. The case provides much-needed judicial guidance on the more...
22 May 2019 11:38
Indigo Projects London Ltd v Razin & Anor [2019] EWHC 1205 (TCC)In Indigo Projects London Ltd v Razin & Or [2019] EWHC 1205 (TCC) Arthur Graham-Dixon represented the Claimant contractor in relation to its application for summary judgment to enforce an adjudicator’s decision, as well as the Defendant’s application for a stay of execution. The Claimant had more...
13 May 2019 11:39
(Un)signed, sealed, delivered: Anchor 2020 v Midas ConstructionIt is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding more...
13 May 2019 11:33
Swansea Stadium Management Company Ltd v City & County of Swansea & AnorBackground Swansea City Council employed Interserve as the main contractor to design and build the Liberty Stadium. After completion, the stadium was leased by the Council to Swansea Stadium Management Company (SSMC) for a term of 50 years. As a result of building defects in Liberty Stadium, SSMC more...
17 Apr 2019 15:05
The Evolution of Notice Provisions in the FIDIC SuiteSimon Hughes QC is a well-known FIDIC specialist who has conducted FIDIC contract arbitrations in over 25 countries. He co-authors (with Jeremy Glover) a leading commentary on the Red Book, which has recently been published in its 3rd edition as a Red/Yellow Book commentary on the 2017 Amendments. more...
17 Apr 2019 14:56
Groving PainsMatthew Finn and Harry Smith consider some of the issues arising out of the Court of Appeal’s decision in S&T v Grove Developments. Introduction It is probably an overstatement to describe the Court of Appeal’s judgment in S&T v Grove (“Grove”) as exciting. It does, however, address a number of more...
10 Apr 2019 10:46
We are Recruiting!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
5 Mar 2019 18:10
Liquidated Damages after Termination: Triple Point Technology v. PTTWhat happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? more...
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