Within reason: TCC content to enforce succinct Decision

In Bexhill Construction Ltd v Kingsmead Homes Ltd [2023], the TCC held that an adjudicator’s decision was enforceable and rejected arguments that the adjudicator had breached the rules of natural justice by not considering all defences raised. Background Kingsmead Homes […]

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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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