No time to lose! The implied obligation as to time for completion and the perils of failing to progress works expeditiously

In the recent case of Barkby Real Estate Developments Limited v Cornerstone Telecommunications Infrastructure Limited [2022] the Technology and Construction Court (TCC) held a contractor liable to its employer for failing to complete its works within a “reasonable time” pursuant […]

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Validity and Interpretation of Pay Less Notices: Be Specific

In the case of Advance JV & Ors -v- Enisca Ltd [2022] EWHC 1152, the Technology and Construction Court considered the validity and interpretation of a pay less notice which failed to refer to a particular payment application, and which […]

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Immediate Payment Obligation under Section 111 is Paramount

The important recent decision of the TCC in Bexheat Limited -v- Essex Services Group Limited [2022] serves to clarify further the paramountcy of the immediate payment obligation under s.111 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”). […]

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Validity of Payment Notices and Severability of Adjudication Decisions

In the recent case of Downs Road Development LLP -v- Laxmanbhai Construction (UK) Limited [2021], the TCC considered issues concerning the validity of payment notices, as well as questions of natural justice and the severability of adjudication decisions.  Background Downs […]

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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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Hybrid Construction Contracts: Payment Notice Requirements

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the court considered a Part 8 ‘smash and grab’ claim for around £2 million, brought by C Spencer Limited (“CSL”) against MW High Tech Projects […]

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Is Requiring “sign-off” Before Payment Permissible?

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly […]

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Can an Employer Pay a Sub-Contractor Direct and Recover the Payment from the Contractor?

In the recent arbitration appeal case of Nobiskrug GMBH (“Nobiskrug”) v Valla Yachts Limited (“Valla”), two interesting issues were remitted to the tribunal for further consideration relating to the recovery of sums via damages and undue enrichment. Background Nobiskrug was […]

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Can a Party Set-Off Against an Adjudicator’s Decision?

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which […]

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Adjudication, Enforcement, Payment and Winding-Up Petitions

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

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