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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Payment Applications – The Devil’s in the Detail

In the recent case of RGB Plastering Ltd v TAWE Drylining and Plastering Ltd, the TCC considered an application by RGB Plastering Limited (“RGB”) for a declaration that an application for payment submitted by TAWE Drylining and Plastering Limited (“TAWE”) […]

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Insolvent Company Successfully Enforces an Adjudicator’s Decision

The recent case of Styles & Wood Limited (in administration) v GE CIF Trustees Limited is one of the first reported decisions where an insolvent party has successfully enforced an adjudication decision using the principles laid down in the recent […]

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Assignment and Contribution Claims

In the case of Energy Works (Hull) Ltd -v- MW High Tech Projects UK Ltd and Outotec (USA) Inc, the Technology and Construction Court (“TCC”) considered the legal effect of an assignment and a contribution claim. Background In November 2015, […]

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Insolvent Company Enforcing an Adjudicator’s Decision – Applying the Principles

The recent case of John Doyle Construction Limited v Erith Contractors Limited is the first reported judgment that applies the decision in Bresco. In this case Fraser J in the Technology and Construction Court set out the principles that the […]

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Appointing an Adjudicator Before Serving a Notice of Adjudication – a Fatal Mistake

In the recent case of Lane End Developments Construction Limited v Kingstone Civil Engineering Limited the court considered a claim for a declaration that an adjudicator’s decision should be set aside and/or not enforced as well as a cross claim […]

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Adjudication Enforcement and Stays of Execution

In the case of WRW Construction Limited v Datblygau Davies Developments Limited, the Technology and Construction Court (QBD) (the “TCC”) considered the issue of enforcement of an adjudicator’s decision on a final account valuation and the appropriateness of a stay […]

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Expert Determination Clauses: Take Care in Defining Your Dispute

In the recent case of Empyreal Energy Ltd v Daylighting Power Ltd, the court considered proceedings relating to a clause allowing for expert determination as a form of dispute resolution in very specific circumstances. Background On 19 November 2015, Empyreal […]

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Clarity on S&T v Grove Development – True Value Adjudications

In the case of Kew Holdings Limited v Donald Insall Associates Limited, the Technology and Construction Court (the “TCC”) considered the relevance of true value adjudications in circumstances where the outstanding adjudication award has already been enforced by summary judgment. […]

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The Corporate Insolvency and Governance Act 2020 and the Construction Industry

The Corporate Insolvency and Governance Act 2020 (the “Act”) came into force on 26 June 2020. The Act introduces new corporate insolvency and restructuring measures that aim to maximise a company’s chances of survival and relieve the burden on businesses caused […]

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