In the recent case of Dana UK AXLE Ltd -v- Freudenberg FST GMBH [2021] EWHC 1413 (TCC), the TCC considered an application to exclude technical expert evidence mid-way through a trial. Background On 5 May 2021, a trial commenced in […]

In the recent case of Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 the TCC considered whether an exclusion clause required exceptional wording in order to exclude liability for fundamental, deliberate and wilful breaches. Background Trant Engineering Limited […]

In the recent case of Multiplex Construction Europe Limited v (1) Bathgate Realisations Civil Engineering Limited (in administration) (2) BRM Construction LLC (3) Argo Global Syndicate 1200 the TCC considered the scope of a professional design checker’s duty of care […]

In the recent case of Martlet Homes Ltd v Mulalley & Co. Ltd, the court considered two different methods via which a claimant can seek to introduce additional submissions and arguments into its claim against another party. Background Martlet Homes […]

In the recent case of Optimus Build Ltd v Southall & McManus, the Technology and Construction Court (TCC) considered a dispute in which the contractor believed the contract was a fixed price contract and the employer believed it to be […]

In the case of JSM Construction Limited v Western Power Distribution (West Midlands) Plc, the Technology and Construction Court (TCC) considered whether the absence of a final account provision rendered a contractual payment mechanism inadequate. Background Western Power Distribution (West […]

In the case of OD Developments v Oak Dry Lining Ltd, the TCC considered the operation and effect of a letter of intent (“LOI”) in the context of whether a JCT standard form sub-contract was incorporated. Background Oak Dry Lining […]

Following publication of the NEC4 suite of contracts in June 2017, there has been substantial feedback from users and industry experts suggesting how the contracts could be further enhanced. In light of this feedback, NEC has recently published the second […]

In the case of MW High Tech Projects UK Limited v Balfour Beatty Kilpatrick Limited, the Technology and Construction Court (the “TCC”) considered the operation of a “no crystallised dispute” challenge to the Adjudicator’s jurisdiction in the context of an […]

In the case of Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, the UK Supreme Court (the “UKSC”) considered important questions about the operation of two statutory regimes; namely, adjudication and insolvency set-off. In particular, the […]