In December 2022, the Technology and Construction Court handed down its decision in LDC (Portfolio One) Limited v (1) George Downing Construction Ltd and (2) European Sheeting Ltd [2022] EWHC 3356 (TCC), which is only the second substantive decision of the Court concerning cladding defects post-Grenfell after Mulalley & Co Ltd v Martlet Homes Ltd [2022] EWCA
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An art, not a science: the Court’s approach to cost budgeting
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Broad brushstrokes rather than fine lines. Laura Bowler considers the recent decision of Associated Newspapers Ltd v Buckingham Group Contracting Ltd and the recent guidance from the Court in relation to cost budgets and hourly rates.
How the UK plans to remain a world leader in international arbitration
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Adele Parsons reports on the UK’s plans to remain a world leader in international arbitration.
Immediate payment obligation and entitlement to commence (or rely upon) a “true value” adjudication – clarity at last…?
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Matthew Simson considers the case of AM Construction Limited v The Darul Amaan Trust and – again! – the question as to when the paying party’s immediate payment obligation arises in the context of commencing or relying upon a “true value” adjudication.
Insolvency of the main contractor: 15 top considerations for the employer
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Having acted for employers on four projects in the past year where the main contractors have become insolvent, Martin Ewen reviews his top 15 actions for employers to consider when faced with main contractor insolvency.
The Building Safety Act: significant changes since the Bill
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Roma Patel considers the new rigorous regime under the Building Safety Act with respect to new obligations and an increase in liability across the building sector since the Building Safety Bill received Royal Assent.
Collateral Warranties: Are They Simply Construction Contracts?
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Ruth Leake considers the recent Court of Appeal case Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP and the meaning of a “construction contract” under the HGCRA with respect to collateral warranties.
Van Oord v Dragados: To frolic is to fail … if you’re an adjudicator. Adjudicator’s decision not enforced due to a breach of natural justice
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Adele Parsons considers the Scottish case of Van Oord UK Limited v Dragados UK Limited, the circumstances when an adjudicator’s actions amount to a breach of natural justice, and the practical implications for adjudicators.
Bexheat v ESG: a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication
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Matthew Simson considers the case of Bexheat Limited v Essex Services Group Limited and whether a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication.
Money for nothing? An adjudicator’s right to fees if they resign
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Laura Bowler considers the recent Court of Appeal case Steve Ward Services (UK) Limited v Davies & Davies Associates Limited and an adjudicator’s right to fees if they resign.