Articles in ‘Construction and Engineering’ Category

Adam Clapp joins RWK Goodman as a Senior Associate in the dispute resolution division, with a focus on construction and engineering.

There’s no escaping the truth that construction projects of any size can be complicated.

With suppliers in a better position to call the shots on contract terms, the industry must recalibrate its approach to risk management. The construction industry is immersed in a storm of circumstances impacting the…

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 [2017] 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.