Specialist solicitors to the construction and engineering industries
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- Hawkswell Kilvington Win Prestigious Legal Award
- Finalists in Three Categories at the Yorkshire Legal Awards
- Further Development with Two Promotions
- JCT Announces Release of 2024 Edition
- CELEBRATING THE WOMEN OF HAWKSWELL KILVINGTON ON INTERNATIONAL WOMENS DAY 2024
- RACHEL HEALD IS A FINALIST IN THE MENTOR OF THE YEAR AWARD CATEGORY AT THE WOMEN, INFLUENCE AND POWER IN LAW UK AWARDS
- HAWKSWELL KILVINGTON TAKE PART IN BUSINESS FIVES FOOTBALL TOURNAMENT
- HARRY BICKERTON JOINS THE HAWKSWELL KILVINGTON TEAM
- ELLA HINDMARSH JOINS THE HAWKSWELL KILVINGTON TEAM
- Within reason: TCC content to enforce succinct Decision
- TRIO OF PROMOTIONS STRENGTHENS GROWTH
- September Newsletter
- Pay first, or risk disappointment: court declines to save ‘true value’ adjudication commenced prematurely
- Works despite quirks: liability cap upheld by TCC notwithstanding difficult language
- The first answer is often the right one: Court of Appeal upholds Adjudicator’s ‘Primary Decision’
- Exams season | Court of Appeal answers wide ranging series of construction law questions
- No get-off through set-off: TCC rejects Defendant’s attempt to set-off competing adjudication awards
- Disputing the DRP: when might a Dispute Resolution Procedure be unenforceable?
- April Newsletter
- No infraction of interim application deadline: TCC confirms “the Court does not deal in fractions of a day”
- The time to pay has arrived: first Remediation Contribution Order granted under the BSA 2022.
- URS CORPORATION LTD V BDW TRADING LTD [2023]
- WRB (NI) Ltd v Henry Construction Projects Ltd [2023]
- J&B Hopkins Limited v A&V Building Solution Limited
- The latest NEC4 amendments: What do you need to know?
- Building Safety Update, Supply Chain Insolvency and Payment & Adjudication Seminar
- Why is sustainability important to Hawkswell Kilvington?
- LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC)
- LDC (Portfolio One) Ltd v (1) George Downing Construction Ltd and Another [2022] EWHC 3356 (TCC)
- Company Charity 2023 – Yorkshire Cancer Research
- Further Expansion With the Appointment of Another Nationally Recognised Solicitor
- Courts Enforce ‘Alternative Decision’ of Adjudicator Despite Breach of Natural Justice.
- Hawkswell Kilvington Shortlisted in the Legal 500 Northern Powerhouse Awards
- Office Move Sets New Foundations For Future Growth
- Variation or Rescission: A Question of Fact & Intention
- The worst part: inappropriate use of Part 8 proceedings in an effort to resist enforcement
- Remoteness defence struck out in cladding claim
- No time to lose! The implied obligation as to time for completion and the perils of failing to progress works expeditiously
- Be Sure to be Certain: Avoiding Potential Pitfalls with Liquidated Damages Provisions
- Carbon Neutral Organisation
- Life after death? The uncertain effect of an Adjudicator’s Decision on subsequent contract procedures
- D&B contractor liable for the cost of replacing defective cladding in the TCC’s first substantive decision post the Grenfell tragedy
- Court refuses to enforce two adjudication awards where the claimant is subject to a CVA
- Look back in anger: collateral warranties provided retrospectively may qualify as ‘construction contracts’
- Natural Justice: it must be done
- The Building Safety Act – what could it mean for you?
- Validity and Interpretation of Pay Less Notices: Be Specific
- Immediate Payment Obligation under Section 111 is Paramount
- Court of Appeal finds that Limitation of Liability Clause does not Exclude a Claim for Wasted Expenditure
- Government ditches the role of Building Safety Manager in latest shake-up of the Building Safety Bill
- A More Nuanced Approach: HMRC’s Revised Policy on VAT Treatment for Early Termination Fees and Compensation Payments
- Conclusivity and Time Bar Clauses: Scottish Court of Session Guidance
- Resolving Costly Domestic Building Disputes: A Proposal by the TCC
- Government gives industry deadline of early March 2022 to agree to a plan of action to remediate unsafe cladding
- Entitlement to Liquidated Damages Lost After Alleged Verbal Agreement
- Lessons from the Court of Appeal: How not to go about enforcing a judgment on behalf of a company in liquidation
- Terms and Conditions: Formation, Incorporation and Invalidity
- Validity of Payment Notices and Severability of Adjudication Decisions
- Employer Entitled to Full Liquidated Damages Despite Having Taken Possession of Majority of Works
- Supreme Court Decide That Liquidated Damages Accrue Up Until Termination of the Contract Whereby Works Never Completed
- Building Safety Bill 2021: Retrospective extension of limitation period under the Defective Premises Act 1972
- Proceed With Care – Entirety of Defendant’s Expert Technical Evidence Excluded by the TCC due to Non-Compliances
- Materials Shortage at ‘Crisis Level’ – How Can Companies Protect Themselves?
- Excluding Liability for Deliberate Breach – Is Special Wording Required?
- The TCC consider the circumstances in which an independent Category 3 design checker may owe a duty of care to a main contractor
- Introducing New Claims – An Unnecessary Risk?
- Contract Interpretation and Repudiatory Breach
- Adjudication Enforcement – “Subject to Contract” and Determination by Agreement
- The Brexit Trade Deal and its Impact on the Construction Industry
- Guidance from the TCC – No Final Account Provisions in the Contract?
- Adjudication Enforcement – Guidance on Natural Justice and Jurisdiction
- Letters of Intent and Incorporation of Standard Form Contracts
- Payment Applications – The Devil’s in the Detail
- The Second Set of NEC4 Amendments – What Do You Need to Know?
- Insolvent Company Successfully Enforces an Adjudicator’s Decision
- Assignment and Contribution Claims
- Insolvent Company Enforcing an Adjudicator’s Decision – Applying the Principles
- Appointing an Adjudicator Before Serving a Notice of Adjudication – a Fatal Mistake
- Adjudication Enforcement and Stays of Execution
- Expert Determination Clauses: Take Care in Defining Your Dispute
- Clarity on S&T v Grove Development – True Value Adjudications
- The Corporate Insolvency and Governance Act 2020 and the Construction Industry
- “No Crystallised Dispute” Jurisdictional Challenges
- Insolvency and Adjudication: Clarity from the UK Supreme Court
- Challenging the Substantive Merits of an Adjudicator’s Decision on Enforcement
- Enforcement of an Adjudicator’s Decision and Stays of Execution
- TCC Considers Design Obligations, Implied Terms of Fitness for Purpose and Causation
- True Value Adjudications and Stays of Execution
- Does Payment of an Adjudicator’s Fees Amount to a Waiver of the Right to Challenge their Decision?
- Interpreting Indirect and Consequential Loss Exclusion Clauses
- COVID-19 or “Coronavirus” – Additional Guidance from NEC
- Construction Webinar – Liquidated Damages and COVID-19
- COVID-19 – Construction Contract Providers JCT, NEC and FIDIC Publish User Guidance
- Ascertaining Damages under an ABI-Type Performance Guarantees
- Construction Webinar – Payment during the COVID-19 pandemic
- Can Works be Omitted from a Construction Contract?
- Can an employer be liable for an employees’ data protection breach? Guidance from the UK Supreme Court
- Construction Webinar – COVID-19 and “force majeure” – what you need to know
- COVID-19 and Future Construction Contracts – How Can You Minimise the Risk?
- Further Statement from Hawkswell Kilvington – COVID-19:
- Planning for COVID-19 Site Closures
- COVID-19 or “Coronavirus” – Force Majeure, Frustration and Cash-Flow Considerations
- Hybrid Construction Contracts: Guidance from the Court of Appeal
- Further expansion for Hawkswell Kilvington with appointment of Matthew Shotton
- Fire Safety Reforms 2020 – Criminal Sanctions and Name and Shame
- COVID-19 or “Coronavirus” – The Likely Effects on your Company and How Best to Mitigate them
- Indemnity Costs Orders – Guidance from the Court of Appeal
- What Amounts to ‘Reasonable Endeavours’?
- Will the TCC Interfere in Ongoing Adjudications?
- Is Payment Required for the Vesting of Materials Under a Vesting Certificate?
- Implied Terms Relating to Discretionary Assessments
- Hawkswell Kilvington expands with appointment of nationally recognised Partner
- Hybrid Construction Contracts: Payment Notice Requirements
- Is Requiring “sign-off” Before Payment Permissible?
- Extension of Time Applications for Unless Orders
- Fraud, Duress and Undue Influence – Guidance from the TCC
- Exception Clauses and Causation – Guidance from the Court of Appeal
- Notices of Adjudication: What’s in a Name?
- Too Late to Adjudicate Under NEC Contracts?
- Hawkswell Kilvington shortlisted in three categories at the Yorkshire Legal Awards 2019
- Challenging Disallowed Cost
- Can an Employer Pay a Sub-Contractor Direct and Recover the Payment from the Contractor?
- When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?
- Adjudication Enforcement – Fraud and Stays of Execution
- Resisting Enforcement of an Adjudicator’s Decision – The Fraud Defence
- NEC4 Amendments – What Do You Need to Know?
- When is a Contract Formed?
- Are You Adjudicating Against the Right Party?
- Life after S&T v Grove; TCC Guidance on ‘Smash and Grab’
- Is Challenging an Adjudicator’s Decision by Using Enforcement Proceedings an Abuse of Process?
- Adjudication and Insolvency
- Does a Material Breach of Contract Preclude Practical Completion?
- ‘Blowing Hot and Cold’: Adjudicators’ Jurisdiction and the Principle of Approbation and Reprobation
- Practical Completion – A Matter of Interpretation? – Issues for Sectional Completion
- Adjudication, Fraud and Stays of Execution
- Enforceability of Liquidated Damages
- “Smash and Grab” Adjudications – S&T v Grove: The Appeal
- Brexit and Construction Contracts – How Can You Protect Against Risk?
- In Breach, But at What Cost? Force Majeure, Causation and Damages
- Letters of Intent – A Tale of Uncertain Terms
- Economic Torts And Piercing The Corporate Veil – Can You Make A Claim Against Former Directors?
- Challenges to Enforcement: No Breach of Natural Justice
- No Greater Liability Clauses and Collateral Warranties – When Does Limitation Expire?
- Adjudication: What if a Company is in Liquidation?
- Hawkswell Kilvington shortlisted for Niche Law Firm of the Year at the Yorkshire Legal Awards 2018
- Concurrent Delay: Allocating the Risk
- Contract Interpretation: Terms Will Not Be Implied Simply Because It May Appear Fair To Do So
- Can a Party Set-Off Against an Adjudicator’s Decision?
- Interpreting Contracts: The Need for Clear Words
- Exclusion Clauses: Incorporation and Reasonableness
- Reviewing Assessments under NEC3
- Contractor’s Liability for Design
- Adjudication, Enforcement, Payment and Winding-Up Petitions
- Are ‘No Oral Modifications’ Clauses Enforceable?
- The Problems with Entering into an Oral Contract
- “Smash and Grab” Adjudications: The End is Nigh
- Adjudication where some of the Contract is for “Excluded Operations”
- Carillion Liquidation
- Valuation of Works Following a “Smash and Grab” Adjudication
- Termination for Repudiatory Breach of Contract
- Quality Obligations in Design and Build Contracts
- Extensions of Time and Concurrent Delay
- Assessing Compensation Events
- Exclusion of Liability Clauses and Reasonableness
- Failure to Give Payment Notices and Pay Less Notices on Time
- New NEC4 Contracts Announced
- Limiting Liability for Delay under JCT
- Requirements for Valid Payment Applications and Pay Less Notices
- The Dangers of Agreeing a Payment Schedule
- JCT Design & Build 2016 – What Has Changed? Part Two
- JCT Design & Build 2016 – What Has Changed? Part One
- Can You Recover Adjudication Costs Under the Late Payment of Commercial Debts Act?
- JCT Minor Works 2016 – What Has Changed?
- Can A “Variations Must Be In Writing” Clause Be Overcome By An Oral Agreement?
- The Dangers of Poor Record Keeping – Fabricate Timesheets at Your Peril!
- Incorporating Standard Terms & Conditions – Beware the Pitfalls
- Can An Adjudicator Decide More Than One Dispute At The Same Time?
- Payment Schedules – Run Out of Dates and You May Run Out of Payments!
- When is an Oral Construction Contract Formed?
- Applications for Payment – The Importance of Getting the Timing Right
- Adjudication and Limitation Periods – You May Have Won The Battle, But Have You Won The War?
- Ignoring The Express Contract Terms – Will The Courts Uphold An Alternative Arrangement?
- Applications for Payment – Get the Dates Right or Risk Losing Out!
- Is Security Certain When Demanding Payment Under A Performance Bond?
- A Payment Lifeline For Contractors and Employers Worth Taking Notice Of?
- 7 Key Principles to Unlocking the Battle of the Forms
- The Construction (Design and Management) Regulations 2015 – Key Changes
- The Importance of Mediation
- Challenging Final Certificates Under JCT
- Give Notice or Pay on Demand
- Nominating Adjudicators: Don’t Abuse The Process!
- NEC3: Compensation Events and the Time Bar
- The Role of the Project Monitor and the Importance of Checking Vesting Certificates
- Hawkswell Kilvington shortlisted for Niche Firm at the Yorkshire Legal Awards 2014
- Order of Precedence Clauses – Do You Need Them?
- JCT Contracts – What Is An “Appropriate Deduction” Where The Contractor Is Instructed Not To Remedy Defects?
- Design Responsibility – What Have You Signed Up To?
- Managing Compensation Events – Practical Tips
- Challenging a Final Certificate
- Hawkswell Kilvington shortlisted for National Boutique Firm of the Year Award
- 10 Insurance Pitfalls to Avoid
- Net Contribution Clauses – Are They Enforceable?
- Liquidated Damages – What’s Enforceable?
- Termination Notices
- Failure to Provide Performance Bonds and Warranties
- Placing Sub-Contracts: 6 Top Tips
- Adjudication Costs – Are They Recoverable Through Litigation?
- Contracts – Getting the Name Wrong
- Adjudication, Litigation and the Limitation Period: When does the clock start ticking?
- Who Are You Contracting With?
- Can you Adjudicate under a Collateral Warranty?
- NEC3 – 5 Common Amendments
- Enforcement of an Adjudicator’s Decision – Is it Compatible with Human Rights?
- Mediation of Construction Disputes – 5 Tips for a Successful Mediation
- Excluding and Limiting Liability – Traps to Look Out For
- The New NEC3 Suite of Contracts – What Has Changed?
- Late Payment under Construction Contracts – what new remedies are available to payees?
- The Problem With Retention And How It Can Be Solved
- Contract Formation – 5 Frequently Asked Questions
- Limiting Your Liability – 5 Key Tips
- Getting Paid – 10 Common Questions
- Annual Review of 2012
- 10 Things You Need To Know About NEC3
- Exclusion & Limitation of Liability Clauses
- Announcing our Spring 2013 Seminar Dates
- Adjudicators’ Fees – Do You Have to Pay if the Decision is Unenforceable?
- Termination for Repudiatory Breach
- Battle of the Forms – Whose Standard Terms & Conditions Apply?
- Reviewing Contracts – 10 Key Clauses to Look Out For
- Duties of Project Managers, Letters of Intent, Liquidated Damages & Limitations of Liability
- Loss & Expense, Conditions Precedent and Global Claims
- Extensions of Time and Concurrent Delay
- Termination of Construction Contracts
- Hawkswell Kilvington wins Regional Boutique Firm of the Year Award
- Letters of Intent – 5 Key Questions
- Best Endeavours & Reasonable Endeavours – What Do They Mean?
- Practical Completion – What Does It Mean?
- Understanding Collateral Warranties
- The New Edition of the CPA Model Conditions for the Hiring of Plant – What Has Changed?
- Limitation Periods – When Is It Too Late To Claim?
- Adjudication Update
- How Secure Is Your Security?
- Adverse Weather Conditions
- Recovery of Retention – Recent Developments
- Spring 2012 Construction and Contract Law Update Seminar Dates Announced
- The New Construction Act – Avoiding the Pitfalls
- Hawkswell Kilvington receives excellent review in Chambers and Partners 2012
- Contract Formation: Battle of the Forms
- The New Construction Act – How Will It Affect Plant Hire?
- Hawkswell Kilvington has won Law Firm of the Year
- The New Construction Act – Amendments To NEC3 Contracts
- The JCT 2011 Suite of Contracts – What Will Be Changing?