Challenging Disallowed Cost

Subtle differences in the interpretation of a contract can have a significant impact on the rights and obligations of the parties. In the recent case of Network Rail Infrastructure Limited (“Network Rail”) v ABC Electrification Limited (“ABC”), over £13million potentially […]

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Adjudication Enforcement – Fraud and Stays of Execution

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the […]

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Resisting Enforcement of an Adjudicator’s Decision – The Fraud Defence

Attempts to resist enforcement of adjudication decisions by alleging they were procured by fraud are becoming more common, PBS Energo A.S v Bester Generacion UK Limited [2019] was “one of those rare adjudication cases” whereby the defence was successful and […]

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Are You Adjudicating Against the Right Party?

It is an established principle that an adjudicator does not have jurisdiction in respect of a dispute referred against an entity which was not a party to the contract. However, the recent case of Gerard Ferns & Kerry-Ann Ferns v Keith […]

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Life after S&T v Grove; TCC Guidance on ‘Smash and Grab’

In M Davenport Builders Ltd v Greer & Anor [2019], one of the first cases to consider the enforcement of a ‘smash and grab’ adjudication since the Court of Appeal’s landmark ruling in S&T(UK) Ltd v Grove Developments Ltd [2018], […]

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Is Challenging an Adjudicator’s Decision by Using Enforcement Proceedings an Abuse of Process?

The courts have adopted a swift approach to adjudication enforcement. However, in the recent case of Amey LG Limited (“ALG”) v Amey Birmingham Highways Limited (“ABHL”), ALG sought to use that same process to have an adjudicator’s decision declared a […]

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‘Blowing Hot and Cold’: Adjudicators’ Jurisdiction and the Principle of Approbation and Reprobation

If the wrong route to the appointment of an adjudicator has been taken, the adjudicator will not have jurisdiction. However, a party cannot approbate and reprobate, or ‘blow hot and cold’, in relation to the validity of an adjudicator’s decision. […]

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Practical Completion – A Matter of Interpretation? – Issues for Sectional Completion

In the recent case of University of Warwick v Balfour Beatty Group Ltd [2018] the TCC held that the proper construction of the definition of Practical Completion did not mean that the entire works had to be complete before a […]

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Adjudication, Fraud and Stays of Execution

The Court of Appeal has endorsed a first instance decision by the Technology and Construction Court (“TCC”) granting a stay of execution on new grounds. In the context of adjudication enforcement, the leading guidance is set out in the case […]

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Enforceability of Liquidated Damages

In the recent case of GPP Big Field LLP & Anor (“GPP”) v Solar EPC Solutions SL (“Solar”) [2018] the Commercial Court considered a number of issues relating to the enforceability of liquidated damages, an issue which commonly arises in […]

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