Court of Appeal finds that Limitation of Liability Clause does not Exclude a Claim for Wasted Expenditure

In Soteria Insurance Ltd v IBM United Kingdom Ltd [2022], the Court of Appeal overturned a High Court decision by finding that the words “loss of profit, revenue, savings (including anticipated savings)” in a limitation of liability clause did not […]

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Conclusivity and Time Bar Clauses: Scottish Court of Session Guidance

In an important recent decision, D McLaughlin & Sons Limited -v- East Ayrshire Council, the Scottish Court of Session (the “CSOH”) has considered final certificate conclusivity and time bar provisions and their application to interim payment disputes. Background D McLaughlin […]

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Resolving Costly Domestic Building Disputes: A Proposal by the TCC

In the recent case of The Sky’s The Limit Transformations Ltd v Dr Mohamed Mirza [2022], the TCC considered a disproportionately costly domestic building dispute involving issues of contract formation, termination and sums due under a final account. The Court […]

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Validity of Payment Notices and Severability of Adjudication Decisions

In the recent case of Downs Road Development LLP -v- Laxmanbhai Construction (UK) Limited [2021], the TCC considered issues concerning the validity of payment notices, as well as questions of natural justice and the severability of adjudication decisions.  Background Downs […]

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Proceed With Care – Entirety of Defendant’s Expert Technical Evidence Excluded by the TCC due to Non-Compliances

In the recent case of Dana UK AXLE Ltd -v- Freudenberg FST GMBH [2021] EWHC 1413 (TCC), the TCC considered an application to exclude technical expert evidence mid-way through a trial. Background On 5 May 2021, a trial commenced in […]

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Contract Interpretation and Repudiatory Breach

In the recent case of Optimus Build Ltd v Southall & McManus, the Technology and Construction Court (TCC) considered a dispute in which the contractor believed the contract was a fixed price contract and the employer believed it to be […]

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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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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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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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“No Crystallised Dispute” Jurisdictional Challenges

In the case of MW High Tech Projects UK Limited v Balfour Beatty Kilpatrick Limited, the Technology and Construction Court (the “TCC”) considered the operation of a “no crystallised dispute” challenge to the Adjudicator’s jurisdiction in the context of an […]

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