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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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, […]

Read More

Valuation of Works Following a “Smash and Grab” Adjudication

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, […]

Read More

Failure to Give Payment Notices and Pay Less Notices on Time

The recent case of Kersfield Developments (Bridge Road) Ltd v Bray and Slaughter Ltd (2017) is one of the latest in a long line of disputes about payment applications becoming due automatically in cases where the paying party has failed […]

Read More