
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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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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In Sudlows Ltd v Global Switch Estates 1 Ltd [2023] EWCA Civ 813, the Court of Appeal has provided useful guidance as to the approach to be adopted when considering potential overlap between adjudication decisions. Background to the Case Global […]
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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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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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Issuing a Part 8 claim is a strategy respondent parties sometimes adopt in an effort to resist enforcement of an adjudicator’s decision. However, the criteria set out in Part 8 are narrower than is commonly imagined, and often as not, […]
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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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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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It is often said that an adjudicator’s decision is of ‘temporary finality’. That is to say, it is contractually binding upon the parties unless and until their underlying dispute is finally determined by way of arbitration or litigation. But quite […]
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