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Construction contract
Opinion  |  24:10:18
‘Deal’ or ‘No deal’: are your construction contracts Brexit-ready?
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.
Construction & Engineering
Opinion  |  05:07:18
“Don’t wind me up – no guarantee that a judgment debt based on an adjudicator’s decision will be enforced”
Victory House General Partner Limited, Re A Company [2018] 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.
Construction & Engineering
Opinion  |  01:03:18
Spotlight on Grove Developments Limited v S&T (UK) Limited: is this really the end for ‘smash and grab’ adjudications?
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.
Construction & Engineering
Opinion  |  05:02:18
Payment Notices – the difference between assessments and sums due
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).