Immediate Payment Obligation under Section 111 is Paramount

The important recent decision of the TCC in Bexheat Limited -v- Essex Services Group Limited [2022] serves to clarify further the paramountcy of the immediate payment obligation under s.111 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”). […]

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Government ditches the role of Building Safety Manager in latest shake-up of the Building Safety Bill

In a further change to the Building Safety Bill put forward following the Grenfell Tower tragedy in 2017, the Government has now scrapped the requirement to appoint a Building Safety Manager during the occupation phase of a construction project. Background […]

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A More Nuanced Approach: HMRC’s Revised Policy on VAT Treatment for Early Termination Fees and Compensation Payments

Effective from 1 April 2022, HMRC has issued revised guidance on the treatment of VAT for termination and compensation payments. Read on for details of this more nuanced approach to VAT treatment. Background Guidance issued by HMRC in late 2020 […]

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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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Government gives industry deadline of early March 2022 to agree to a plan of action to remediate unsafe cladding

Since the Grenfell Tower fire in 2017, the Government has taken a number of steps aimed at addressing the building safety and cladding crisis. Those steps have included provision for financial contributions to remedying unsafe cladding through the ACM cladding […]

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Entitlement to Liquidated Damages Lost After Alleged Verbal Agreement

In the case of Mansion Place Limited v Fox Industrial Services Limited [2021], the TCC considered an alleged verbal agreement between parties and its impact on future claims. Background In February 2020, Mansion Place Limited (“MPL”) engaged Fox Industrial Services […]

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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 […]

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The TCC consider the circumstances in which an independent Category 3 design checker may owe a duty of care to a main contractor

In the recent case of Multiplex Construction Europe Limited v (1) Bathgate Realisations Civil Engineering Limited (in administration) (2) BRM Construction LLC (3) Argo Global Syndicate 1200 the TCC considered the scope of a professional design checker’s duty of care […]

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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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