Works despite quirks: liability cap upheld by TCC notwithstanding difficult language

In Drax Energy Solutions Limited v Wipro Limited [2023], the TCC upheld a contractual clause said to impose a single liability cap for all claims arising out of a master services agreement. The Background to the Case Drax entered into […]

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The first answer is often the right one: Court of Appeal upholds Adjudicator’s ‘Primary Decision’

In Sudlows Ltd v Global Switch Estates 1 Ltd [2023] EWCA Civ 813, the Court of Appeal has provided useful guidance as to the approach to be adopted when considering potential overlap between adjudication decisions. Background to the Case Global […]

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Exams season | Court of Appeal answers wide ranging series of construction law questions

URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 In its recent decision in URS Corporation Ltd v BDW Trading Ltd, the Court of Appeal has provided important guidance in respect of construction law questions old and new. […]

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No get-off through set-off: TCC rejects Defendant’s attempt to set-off competing adjudication awards

FK Construction Ltd v ISG Retail Ltd [2023] In FK Construction Ltd v ISG Retail Ltd [2023], the Court declined to exercise its discretion to permit set-offs arising from other adjudication decisions between the same parties.  The Background to the […]

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Disputing the DRP: when might a Dispute Resolution Procedure be unenforceable?

Kajima Construction Europe (UK) Ltd v Children’s Ark Partnership Ltd [2023] In Kajima Construction Europe (UK) Ltd v Children’s Ark Partnership Ltd [2023], the Court of Appeal found the first instance Judge had been correct to conclude that a dispute […]

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April Newsletter

Welcome to our new quarterly newsletter. In this first issue we will share with you a range of news items, including information about our recent office relocation and key strategic hires as well as a carefully curated selection of case […]

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No infraction of interim application deadline: TCC confirms “the Court does not deal in fractions of a day”

Elements (Europe) Ltd v FK Building Ltd [2023] In Elements (Europe) Ltd -v- FK Building Ltd [2023] EWHC 726 (TCC), the TCC has provided helpful guidance concerning the proper construction of an important element of a JCT standard form. The […]

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The time to pay has arrived: first Remediation Contribution Order granted under the BSA 2022.

In Batish and others v Inspired Sutton Ltd [2023], the First Tier Tribunal (“FTT”) granted the applicant leaseholders what is believed to be the first Remediation Contribution Order made under the Building Safety Act 2022. The Background to the Case […]

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URS CORPORATION LTD V BDW TRADING LTD [2023]

In URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 189 the Court of Appeal decided that two appeals concerning issues arising under the Building Safety Act 2022 (“BSA”) should be heard together. The Background to the Case The […]

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WRB (NI) Ltd v Henry Construction Projects Ltd [2023]

In WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278, the TCC refused to grant a main contractor a stay of execution to establish its alleged cross-claims against a dormant company. The Background to the Case Henry Construction […]

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