In the recent case of Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC), the TCC considered the construction and enforceability of a liquidated damages clause where the employer had taken partial possession […]

On Friday, the Supreme Court handed down its judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, unanimously overturning the Court of Appeal’s earlier decision relating to liquidated damages (“LADs”) where a contract has been […]

The Building Safety Bill 2021 (the “Bill”) proposes to expand the limitation period for property owners to bring a claim for defective works from six years to fifteen years. This legislation, if passed in its current form, would apply retrospectively, […]

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 March 2021, the Construction Leadership Council issued a warning to the UK construction industry that the ensuing months would see a significant and widespread shortage in key building materials. That prediction is now very much a reality, and its […]

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 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 recent case of Aqua Leisure International Limited v Benchmark Leisure Limited, the Technology & Construction Court (TCC) considered an application for summary judgment to enforce an adjudicator’s decision in circumstances where there was an alleged determination “by agreement” […]

On 24 December 2020, the UK and the EU reached a trade and co-operation agreement (the “Trade Deal”) addressing the arrangements that now apply between them. This bulletin highlights a number of the key elements of the Trade Deal which […]