Intent on Disaster – TCC decision again highlights the perils of relying on a letter of intent

In CLS Civil Engineering Ltd v WJG Evans and Sons [2024] EWHC 194 the TCC found that in the absence of a formally agreed building contract, a liability cap contained in an unsigned letter of intent was binding. As a result, the claimant contractor was not entitled to additional payment exceeding the cap.

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One Dispute, One Adjudication, Two Alternatives: Smash & Grab attempt fails but True Value Award survives

In Bellway Homes Ltd v Surgo Construction Ltd [2024], the TCC was asked to determine whether an adjudicator had jurisdiction to decide a payee’s claim for interim payment based on either a ‘smash and grab’ basis or a true valuation of the works, and whether these alternative bases of claim in fact comprised two separate disputes.

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Where does England end? TCC tackles interesting and complex question as to territorial extent of Construction Act

In Van Elle Limited v Keynvor Morlift Limited [2023] EWHC 3137 (TCC) HHJ Stephen Davies was asked to consider the “interesting but complex” question of the true territorial extent of Part 2 of the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”). Or put shortly, where does England end?

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A Lidl more joy this time – TCC accepts food retailer’s claims in part

In Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023], the TCC TCC was asked to consider whether the Construction Act operated to prohibit any adjudication while a notified sum remained unpaid, even where the subject matter of the adjudication has no relation to that notified sum.

The Court held that it did not, and as a result accepted the Employer’s further claims in part.

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Waite is Over: First Remediation Order granted under the BSA 2022

In Waite and others v Kedai Ltd [2023], the First-Tier Tribunal (“FTT”) granted the applicant leaseholders the first Remediation Order to be made under section 123 of the Building Safety Act 2022 (“BSA”).

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Liability for RAAC: will your defence crumble?

There are three key points raised in this article:

  1. There is ongoing potential for significant structural deficiencies in reinforced autoclaved aerated concrete (RAAC) which saw widespread use in the construction of buildings between the 1950s and 1990s, many of which were municipal buildings including schools and hospitals.
  2. The effect of the Limitation Act 1980 is likely to preclude historic liability for the specification, design and construction of buildings using RAAC, although it is feasible the Building Safety Act 2022 may apply to extend this limitation period in the context of residential buildings.
  3. More contemporary liability may arise regarding building owners and occupiers as well as the professionals engaged to undertake surveys of buildings where the existence of RAAC or defects of the RAAC are not identified or fail to be managed or rectified in time, or at all.
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Lidl joy: Court rejects food retailer’s Part 8 Claims

Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023] EWHC 2243 (TCC)

In Lidl Great Britain Limited v Closed Circuit Cooling Limited t/a 3CL [2023], the TCC enforced an adjudicator’s decision in favour of a contractor and rejected a series of Part 8 declarations sought by the employer.

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Broad justice is natural in adjudication: court rejects defence based on alleged procedural unfairness

In Home Group Ltd v MPS Housing Ltd [2023], the TCC rejected a defendant’s submission that there had been a breach of natural justice by reason of it allegedly being unable to digest and respond to extensive material served in an adjudication.

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Pay first, or risk disappointment: court declines to save ‘true value’ adjudication commenced prematurely

In Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023], the TCC declined to enforce a true value adjudication decision where that adjudication had been commenced before the contractor had discharged its immediate payment obligation to its subcontractor arising from an earlier dispute.

This was notwithstanding the earlier award had, in the meantime, been paid.

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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.

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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.

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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.

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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 resolution procedure (DRP) in a construction contract had been unenforceable by reason of uncertainty.

 

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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.

 

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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.

 

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Batish and others v Inspired Sutton Ltd [2023]

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.

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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.

 

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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.

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LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC)

In LJR Interiors Ltd v Cooper Construction Ltd the TCC held that the Adjudicator was wrong to reject the responding party’s limitation defence such that his decision was void and unenforceable.

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LDC (Portfolio One) Ltd v (1) George Downing Construction

In LDC (Portfolio One) Ltd v (1) George Downing Construction Ltd and (2) European Sheeting Limited (in Liquidation) the TCC was required to consider a contractual obligation to exercise reasonable skill and care alongside the requirement for compliance with the applicable Building Regulations. The outcome was that the Court held the defendant external wall sub-contractor liable for fire safety defects.

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Sudlows Ltd v Global Switch Estates 1 Limited [2022]

In an unusual turn of events, the TCC in Sudlows Ltd v Global Switch Estates 1 Limited [2022] found that an adjudicator’s alternative decision was enforceable despite his primary decision being unenforceable because of a breach of natural justice.

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