Will the TCC Interfere in Ongoing Adjudications?

In the case of Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and another [2019], the court rejected an urgent application for injunctive relief attempting to prevent an adjudicator and the other party to an adjudication […]

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Is Payment Required for the Vesting of Materials Under a Vesting Certificate?

In the recent case of VVB M&E Group Limited & Anor v Optilan (UK) Limited, the court considered the terms of two ambiguously worded vesting certificates to determine whether ownership of materials had vested in the transferee. Background In 2015, […]

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Implied Terms Relating to Discretionary Assessments

In the recent case of Everwarm Limited v BN Rendering Limited, the court considered a claim by Everwarm Limited (“Everwarm”) relating to an alleged overpayment of £798,468 to BN Rendering Limited (“BN”), and a counterclaim by BN in relation to […]

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Hybrid Construction Contracts: Payment Notice Requirements

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the court considered a Part 8 ‘smash and grab’ claim for around £2 million, brought by C Spencer Limited (“CSL”) against MW High Tech Projects […]

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Is Requiring “sign-off” Before Payment Permissible?

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly […]

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Extension of Time Applications for Unless Orders

In Everwarm Limited v BN Rendering Limited (Rev 2) [2019], the court considered which CPR rule should apply when deciding whether to grant a last-minute application for an extension of time in which to comply with an ‘unless order’. Background […]

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Notices of Adjudication: What’s in a Name?

Earlier this month, Palmloch Limited (“Palmloch”) sought to resist enforcement of an adjudication decision based upon the fact that the claimant, MG Scaffolding (Oxford) Limited (“MGS”) had commenced the adjudication against Palmloch’s trading name; MCR Property Group (“MCRPG”). The TCC […]

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When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?

One of the few grounds available for resisting the enforcement of an adjudicator’s decision is a claim of breach of the rules of natural justice. In the case of JJ Rhatigan & Co (UK) Limited (“Rhatigan”) v Rosemary Lodge Developments […]

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Adjudication Enforcement – Fraud and Stays of Execution

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the […]

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NEC4 Amendments – What Do You Need to Know?

NEC has published a set of amendments to the NEC4 suite of contracts published in June 2017. Although released in March 2019, these amendments are referred to as the January 2019 amendments (the “Amendments”). This bulletin explains what the main […]

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