In the recent case of Westshield Civil Engineering Limited and Westshield Limited v Buckingham Group Contracting Limited the Court ruled on the enforcement of an adjudicator’s decision as to the identity of the relevant parties to a sub-contract. Background Buckingham […]

In the recent case of Parkwood Leisure Limited v Laing O’Rouke Wales and West Limited, the Technology and Construction Court had to consider whether a collateral warranty could constitute a ‘construction contract’ for the purpose of section 104 of the […]

The recent Scottish case of Whyte and Mackay Ltd v Blyth & Blyth Consulting Engineers Ltd (2013) concerned interesting issues relating to whether enforcement of an adjudicator’s decision is compatible with the European Convention on Human Rights (“ECHR”). In this […]

Mediation is a flexible and confidential form of alternative dispute resolution (ADR) and is now considered to be the primary method of ADR. It is most commonly used to contain conflicts or to resolve disputes and is less litigious than […]

In the recent case of Elvanite Full Circle Limited v AMEC Earth & Environment (UK) Limited, Elvanite sued AMEC for loss of profit on a failed property development transaction, but was unable to recover damages because AMEC had limited its […]

The Late Payment of Commercial Debts Regulations 2013 (the “Regulations”) came into force on 16 March 2013. They apply to all commercial contracts, including construction contracts, entered into after this date. The Regulations amend the Late Payment of Commercial Debts […]

Recovery of retention is a problematic area for all parties in the contractual chain, with non-payment of retention often being the cause of substantial cash flow problems. With insolvency rates currently at a record high, it is now more important […]

Securing payment on time is crucial to survival in the construction industry. In this article, we answer 10 common questions about securing payment. 1. What can I do if the final date for payment passes and payment is not made? […]

Adjudication is probably the most widely used dispute resolution process in the construction industry. It is attractive because it secures a quick decision which is binding on the parties unless and until a court or arbitrator declares that the decision […]

What is a repudiatory breach of contract? How do you know if a breach is serious enough to be repudiatory? Contracting parties usually have an implied common law right to terminate the contract which exists alongside their express contractual termination […]