Hawkswell Kilvington New associate

September Newsletter

Here is our September newsletter where we will share with you a roundup of our recent bulletins highlighting important developments in construction law, together with some HK news and details of our Autumn seminar programme. Please feel free to make […]

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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. The Background to the Case Drax entered into […]

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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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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 […]

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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 […]

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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 […]

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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 […]

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Look back in anger: collateral warranties provided retrospectively may qualify as ‘construction contracts’

The Court of Appeal in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] has clarified that subject to their wording, collateral warranties may constitute construction contracts within the meaning of s104(1) of the Housing Grants, Construction and […]

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