Construction News

Insolvent Abuse - a warning for companies in liquidation

The judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) concerned the issue over whether a company in liquidation may pursue adjudication proceedings in order to claim payment of monies alleged to be due. ...

Collateral Warranties - when your claim is kicked into touch

In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor , the court provided some useful guidance as to when claims made under collateral warranties are time barred. This case concerned alleged defects at the new Swansea City...

It's only a matter of time - or is it?

Since the TCC’s decision last year on concurrent delay in the case of North Midland Building Ltd v Cyden Homes Ltd , the industry has been keenly awaiting the outcome of North Midland’s appeal.  The dispute concerned contractual terms in...

Run for Cover - or when is an insured not an insured?

In Haberdashers' Aske's Federation Trust Ltd and another v Lakehouse Contracts Ltd and another the Court provided guidance in relation to project insurance and whether sub-contractors who have existing insurance obligations can benefit from...

Are you winding me up? A Salutary Guide to Adjudication Enforcement

Welcome to our latest Construction update, which considers the decision in Victory House General Partner Ltd, Re A Company . The case illustrates the difficulties of enforcing a judgment debt arising from an adjudicator's decision by issuing a winding...

Don't hold back - a brief update on the Retention Bill

In January 2018, Peter Aldous MP presented a Bill to parliament concerning the practice of holding retention monies in the construction industry.  There has been a significant amount of commentary over the years regarding retentions, particularly by...

Only a matter of time

The case of RG Carter Building Ltd v Kier Business Services Ltd concerned defects at Boston Grammar school and, in particular, the limitation period for commencing proceedings against a third party following a settlement agreement between the client and...

The price is right, no matter the plight

The case of Colas Ltd & Ors V Transport for London [2018]  relates to requests to vary a Schedule of Rates agreed under a publicly procured Framework Agreement.  Background In 2013, TfL entered into framework agreements for the maintenance...

Beginning of the End of "Smash and Grab" Adjudications?

In Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123, the Court re-examined the statutory regime governing payment mechanisms in construction contracts and provided guidance on a party’s ability to have the “value” of the payment...

Beyond the call of duty?

An analysis of the recent case of Riva Properties v Foster + Partners Ltd [2017] EWHC 2574 relating to an architect’s scope of duty towards their client.  Should an architect be expected to advise on the cost budget for a development including...
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