This is the latest dispute between Vinci Construction UK Ltd (“Vinci”) and Beumer Group UK Ltd (“Beumer”) to arise out of a Sub-Contract concerning development works at Gatwick Airport. In this case, Beumer sought to resist enforcement of an adjudicator’s […]

Companies in liquidation have typically encountered difficulties in seeking to enforce an adjudicator’s decision in their favour. In the recent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) the court addressed whether a company […]

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

When the Housing Grants, Construction and Regeneration Act 1996 was amended in October 2011, one of the key changes was that disputes arising under oral contracts could be referred to adjudication. Whilst the vast majority of businesses would probably dismiss […]

ISG Construction Ltd v Seevic College (2015) and a line of authorities that followed gave rise to what has become known as the “smash and grab” claim; whereby the full amount applied for in a payment application becomes due based […]

Contracts which involve some activities falling within the provisions of the Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) and some activities which are excluded by the Act have posed difficult questions in relation to the jurisdiction […]

The recent case of Kersfield Developments (Bridge Road) Ltd v Bray and Slaughter Ltd (2017) is one of the latest in a long line of disputes about payment applications becoming due automatically in cases where the paying party has failed […]

There has recently been a wave of disputes between contracting parties about failures to issue payment notices and pay less notices. Paying parties will by now be well aware that failure to serve the correct notices on time can be […]

Earlier this year, the case of Grove Developments Ltd v Balfour Beatty Regional Construction Ltd attracted a lot of attention when it was held by the court that the contractor had no further entitlement to interim payment following expiry of […]

When the Late Payment of Commercial Debts (Interest) Act 1998 was amended by the Late Payment of Commercial Debts Regulations 2013, a new right to recover “the reasonable costs of recovering a debt” was introduced. Since then, there has been […]