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InsightsPosts Tagged To The 'Construction & Engineering' Team

Construction & Engineering

Where next for ‘Smash and Grab’?

The recent TCC judgment in Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017] EWHC 1763 does not break new ground but it does contain some interesting observations concerning the phenomena of the ‘smash and grab’ adjudication, and it suggests that it is worth revisiting the case law which has developed since the amendments to the Housing Grants, Construction and Regeneration Act 1996 introduced by the Local Democracy Economic Development and Construction Act 2009 (generically, ‘the Act’). By the end of this article, most of you will, I hope, resolve to re-assess whether your application processes are robust enough to allow you to get the benefit of those amendments. Some of you may even be aggrieved at the qualifications the courts have introduced where the validity of applications are concerned. I also make a prediction about the future of such adjudications.

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Construction & Engineering

Door closing on costs recovery in adjudication

This time last year there was much focus on the amusingly titled case of Lulu Construction v Mulalley & Co Ltd [2016] EWHC 1852, an enforcement decision where Lulu, which won an adjudication, persuaded an adjudicator to also award payment of its legal costs by Mullaley, and the TCC enforced that part of the award. Many commentators criticised that decision because section 108A of the Housing Grants, Construction and Regeneration Act 1996 (as amended)(‘the Construction Act’) does not permit the recovery of legal costs in adjudication without written agreement. Two recent decisions have reinforced the view that recovery of costs in adjudication is not appropriate unless explicitly agreed.

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Construction & Engineering

Contractual myths laid to rest

The law is never static. Like history, it moves in cycles, with parties being afforded varying degrees of contractual freedom. This article concentrates on a recent Court of Appeal decision which illustrates (at least for businesses) that, as in the 19th century, ”big boys’ games, big boys’ rules” is in fashion…

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