The collapse of Carillion will have a huge impact across the construction industry, with the consequences felt by its staff as well as its employers, partners, and supply chain. It brings insolvency within the construction industry back into stark focus. […]

In the last few years, many cases have come before the courts relating to so-called “smash and grab” adjudications, which are founded on the argument that the paying party has failed to serve the necessary payment or pay less notice, […]

When the Late Payment of Commercial Debts (Interest) Act 1998 was amended by the Late Payment of Commercial Debts Regulations 2013, a new right to recover “the reasonable costs of recovering a debt” was introduced. Since then, there has been […]

Following contractual procedures is not always an easy task. For contractors and employers alike, the complex rules and procedures set out in many standard form construction contracts can be confusing. Mistakes often occur and this can be particularly problematic when […]

The Supreme Court recently made its first decision on adjudication in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc. The Court considered what entitlement a party who has been ordered to pay money in an adjudication has […]

Beneficiaries of on demand performance bonds enjoy the security of not being required to prove any loss before demanding payment. However, the two recent Scottish Court of Session cases of East Ayrshire Council v Zurich PLC and South Lanarkshire Council […]

Mediation is a way of resolving disputes by appointing a neutral third party mediator to facilitate communication between the parties, with a view to agreeing a settlement. The courts strongly emphasise the importance of trying to resolve disputes in mediation […]

5 Key Tips to Avoid the Pitfalls of Termination The recent case of Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd highlights the problems a party can face when exercising its right to terminate. Terminating a contract is risky – […]

Traditionally, if you incurred legal costs in an adjudication, you could not recover those costs from the other party, even if your claim was successful.  With the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) silent on the […]

Will the Court Correct a Mistake? Following on from our recent article “Contracts: Who are you contracting with? Is it the right company? What’s in a name?”, which highlighted the perils of incorrectly naming a contracting party in the contract, […]