The Brexit Trade Deal and its Impact on the Construction Industry

On 24 December 2020, the UK and the EU reached a trade and co-operation agreement (the “Trade Deal”) addressing the arrangements that now apply between them. This bulletin highlights a number of the key elements of the Trade Deal which […]

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Guidance from the TCC – No Final Account Provisions in the Contract?

In the case of JSM Construction Limited v Western Power Distribution (West Midlands) Plc, the Technology and Construction Court (TCC) considered whether the absence of a final account provision rendered a contractual payment mechanism inadequate. Background Western Power Distribution (West […]

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Adjudication Enforcement – Guidance on Natural Justice and Jurisdiction

In the case of Global Switch Estates 1 Limited -v- Sudlows Limited, the Technology and Construction Court (“TCC”) dismissed an application for summary judgment to enforce an adjudicator’s decision due to material breaches of the rules of natural justice. Background […]

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Payment Applications – The Devil’s in the Detail

In the recent case of RGB Plastering Ltd v TAWE Drylining and Plastering Ltd, the TCC considered an application by RGB Plastering Limited (“RGB”) for a declaration that an application for payment submitted by TAWE Drylining and Plastering Limited (“TAWE”) […]

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The Second Set of NEC4 Amendments – What Do You Need to Know?

Following publication of the NEC4 suite of contracts in June 2017, there has been substantial feedback from users and industry experts suggesting how the contracts could be further enhanced. In light of this feedback, NEC has recently published the second […]

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Insolvent Company Successfully Enforces an Adjudicator’s Decision

The recent case of Styles & Wood Limited (in administration) v GE CIF Trustees Limited is one of the first reported decisions where an insolvent party has successfully enforced an adjudication decision using the principles laid down in the recent […]

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Assignment and Contribution Claims

In the case of Energy Works (Hull) Ltd -v- MW High Tech Projects UK Ltd and Outotec (USA) Inc, the Technology and Construction Court (“TCC”) considered the legal effect of an assignment and a contribution claim. Background In November 2015, […]

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Insolvent Company Enforcing an Adjudicator’s Decision – Applying the Principles

The recent case of John Doyle Construction Limited v Erith Contractors Limited is the first reported judgment that applies the decision in Bresco. In this case Fraser J in the Technology and Construction Court set out the principles that the […]

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Appointing an Adjudicator Before Serving a Notice of Adjudication – a Fatal Mistake

In the recent case of Lane End Developments Construction Limited v Kingstone Civil Engineering Limited the court considered a claim for a declaration that an adjudicator’s decision should be set aside and/or not enforced as well as a cross claim […]

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Adjudication Enforcement and Stays of Execution

In the case of WRW Construction Limited v Datblygau Davies Developments Limited, the Technology and Construction Court (QBD) (the “TCC”) considered the issue of enforcement of an adjudicator’s decision on a final account valuation and the appropriateness of a stay […]

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