Construction Solicitors

Office Move Sets New Foundations For Future Growth

We are pleased to announce that we have relocated from Wakefield to a modern office space at Thorpe Park Leeds to fulfil our ambitious growth plans. With significant space for growth, the new office design incorporates state-of-the-art technology and provides […]

Read More

Variation or Rescission: A Question of Fact & Intention

How far is too far before a variation to an agreement becomes a new contract and/or a rescission of the original agreement? This was the question facing the Court of Appeal in the recent case of Cobalt Data Centre 2 […]

Read More

The worst part: inappropriate use of Part 8 proceedings in an effort to resist enforcement

Issuing a Part 8 claim is a strategy respondent parties sometimes adopt in an effort to resist enforcement of an adjudicator’s decision. However, the criteria set out in Part 8 are narrower than is commonly imagined, and often as not, […]

Read More

Remoteness defence struck out in cladding claim

In Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Limited [2022], the Technology and Construction Court was asked to rule upon the Defendant contractor’s argument that the losses claimed against it were too remote to be recoverable at […]

Read More

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 […]

Read More

Be Sure to be Certain: Avoiding Potential Pitfalls with Liquidated Damages Provisions

In the recent case of Buckingham Group Contracting Ltd -v- Peel L&P Investments and Property Ltd, the TCC looked at the construction of liquidated damages provisions through the lenses of contractual uncertainty and limitation of liability. Background Buckingham Group Contracting […]

Read More

Carbon Neutral Organisation

Hawkswell Kilvington have been making a huge effort to reduce our carbon footprint and are pleased to announce that we have achieved the Carbon Neutral Plus Standard.  

Read More

Life after death? The uncertain effect of an Adjudicator’s Decision on subsequent contract procedures

It is often said that an adjudicator’s decision is of ‘temporary finality’. That is to say, it is contractually binding upon the parties unless and until their underlying dispute is finally determined by way of arbitration or litigation. But quite […]

Read More

D&B contractor liable for the cost of replacing defective cladding in the TCC’s first substantive decision post the Grenfell tragedy

Judgment has very recently been handed down by HHJ Stephen Davies in Martlet Homes Limited v Mulalley & Co. Limited, the first substantive Judgment from the TCC on defective cladding since the Grenfell tragedy in 2017. In associated Court of […]

Read More

Court refuses to enforce two adjudication awards where the claimant is subject to a CVA

The ability of a party in a company voluntary arrangement (“CVA”) to enforce an adjudicator’s decision is a question to be determined on a case-by-case basis. The recent decision in FTH Limited v Varis Developments Limited [2022] provides a useful […]

Read More