Articles in ‘Construction and Engineering’ Category
This article originally appeared in Building.co.uk. An agreement to mobilise the contractor early can be documented in a letter of intent, but beware the pitfalls: In the economic climate of increasing inflation, letters of…
This article originally appeared in Construction News. With the government’s COVID-19 furlough scheme and other forms of support now long gone, contractors near the edge of a financial precipice are no longer able to…
We are all well aware by now of the draconian effect of failing to issue a timely payment notice and/or pay less notice, in accordance with the contract, in response to interim payment applications (see for example: Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Limited  EWHC 17 (TCC)). Failure to do so can lead to losing the right to dispute the amount claimed (at least until the next interim payment application or final account).
This week (27 February 2018), in a judgment of the Technology and Construction Court, the Honourable Mr Justice Coulson confirmed that a party who fails to issue an effective payment or pay less notice in response to a contractor’s application for interim payment still has the right to seek in adjudication a proper valuation of the works included in the contractor’s application.
Victory House General Partner Limited, Re A Company  EWHC 1143 (Ch) is a stark reminder of the limitations of the effectiveness of obtaining judgment based on an Adjudicator’s decision where the respondent company may have a separate and bona fide cross claim.
Before the end of 2018, it will be ‘deal’ or ‘no deal’ in the Brexit negotiations and Parliament’s subsequent approval or otherwise of how the UK is going to leave the EU.
The Court of Appeal has today handed down its decision on the appeal by Grove Developments Limited against the first instance decision by Coulson J, in which he decided that a party who had failed to issue an effective payment or pay less notice against a contractor’s application for interim payment could refer a dispute as to the true value of the Contractor’s works to adjudication.
This week saw Parliament speak out against a No Deal Brexit, the Leader of the Opposition encourage the Government to rule out a No Deal Brexit, and Brussels confirm that a negotiated orderly exit is the preferred option. And yet, despite all this, in the absence of a definite deal, commentators suggest that No Deal is still the default, and most likely, scenario.