The TCC consider the circumstances in which an independent Category 3 design checker may owe a duty of care to a main contractor

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 […]

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Introducing New Claims – An Unnecessary Risk?

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 […]

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Contract Interpretation and Repudiatory Breach

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 […]

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Guidance from the TCC – No Final Account Provisions in the Contract?

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 […]

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Letters of Intent and Incorporation of Standard Form Contracts

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 […]

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The Second Set of NEC4 Amendments – What Do You Need to Know?

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 […]

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“No Crystallised Dispute” Jurisdictional Challenges

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 […]

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Insolvency and Adjudication: Clarity from the UK Supreme Court

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 […]

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TCC Considers Design Obligations, Implied Terms of Fitness for Purpose and Causation

In the recent case of DBE Energy Ltd v Biogas Products Ltd, the Court considered a claim by DBE Energy Limited (“DBE”) for breach of contract and negligence against Biogas Products Limited (“Biogas”) in relation to the design, manufacture and […]

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True Value Adjudications and Stays of Execution

In the case of Broseley London Limited v Prime Asset Management Limited (Trustee of the Mashel Family Trust), the Technology and Construction Court (the “TCC”) considered the applicability of true value adjudications as well as applications for stays of execution. […]

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