Call us on 01242 224433

InsightsPosts Tagged To The 'Construction & Engineering' Team

Construction & Engineering

‘Pay now, adjudicate later’

In a previous article, concerning the TCC judgment in Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017], I predicted that the TCC decision of ISG Construction Limited v Seevic College [2014], which opened the way for ‘smash and grab’ adjudications by payees, would be disowned. I was right, since Mr Justice Coulson did exactly that in the TCC decision of Grove Developments Ltd v S&T (UK) Ltd [2018] on 27 February 2018. Yesterday, the Court of Appeal confirmed that decision. The Court of Appeal’s judgment was given by former TCC judge Sir Rupert Jackson. It provides some clarification about what the payer must do before commencing an adjudication on the ‘true value’ of an application for payment under the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy Economic Development and Construction Act 2009 (generically, ‘the Act’).

Read More
Construction & Engineering

‘What goes on behind closed doors…’

One of the great strengths behind mediation, whether conducted before the issue of proceedings or after, is that it allows the parties to have frank discussions about their dispute. The law protects the secrecy of those discussions by two methods. Firstly, confidentiality principles. Secondly, without prejudice privilege. This article is an explanation of both, with an explanation of those exceptions which may allow the courts behind those ‘closed doors’.

Read More
Construction & Engineering

ARTICLE UPDATED: LEGAL POSITION REVERSED - Nil by mouth - The enforceability of No Oral Modification clauses and what the MWB Business Exchange case means for construction

In July 2016, following a Court of Appeal Judgment I wrote an article reporting on the Court’s finding that anti-oral variation (or No Oral Modification) clauses were non-binding. On 16 May 2018, the Supreme Court over-turned the Court of Appeal decision, finding that No Oral Modification clauses are indeed binding.

Read More
Construction & Engineering

Insolvency calls time on pursuing claims

Claims remain frequent in the construction industry, and so do insolvencies. In the wake of main contractor Carillion’s entry into liquidation, and rumours of forthcoming interest rate rises, it is worth looking at what effect different types of insolvency have on the ability to prosecute claims.

Read More

Get in touch