Excluding Liability for Deliberate Breach – Is Special Wording Required?

In the recent case of Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 the TCC considered whether an exclusion clause required exceptional wording in order to exclude liability for fundamental, deliberate and wilful breaches. Background Trant Engineering Limited […]

Read More

Introducing New Claims – An Unnecessary Risk?

In the recent case of Martlet Homes Ltd v Mulalley & Co. Ltd, the court considered two different methods via which a claimant can seek to introduce additional submissions and arguments into its claim against another party. Background Martlet Homes […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

Expert Determination Clauses: Take Care in Defining Your Dispute

In the recent case of Empyreal Energy Ltd v Daylighting Power Ltd, the court considered proceedings relating to a clause allowing for expert determination as a form of dispute resolution in very specific circumstances. Background On 19 November 2015, Empyreal […]

Read More

Clarity on S&T v Grove Development – True Value Adjudications

In the case of Kew Holdings Limited v Donald Insall Associates Limited, the Technology and Construction Court (the “TCC”) considered the relevance of true value adjudications in circumstances where the outstanding adjudication award has already been enforced by summary judgment. […]

Read More

The Corporate Insolvency and Governance Act 2020 and the Construction Industry

The Corporate Insolvency and Governance Act 2020 (the “Act”) came into force on 26 June 2020. The Act introduces new corporate insolvency and restructuring measures that aim to maximise a company’s chances of survival and relieve the burden on businesses caused […]

Read More

Insolvency and Adjudication: Clarity from the UK Supreme Court

In the case of Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, the UK Supreme Court (the “UKSC”) considered important questions about the operation of two statutory regimes; namely, adjudication and insolvency set-off. In particular, the […]

Read More

Challenging the Substantive Merits of an Adjudicator’s Decision on Enforcement

We recently represented the successful claimant in the case of J Tomlinson Limited v Balfour Beatty Group Limited, in which the Technology and Construction Court (the “TCC”) considered the limited exceptions where the enforcement of adjudicators’ decisions can be successfully […]

Read More