Construction News

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...

Carillion Insolvency - a quick guide for sub-contractors and suppliers

After weeks of speculation, Carillion has finally thrown in the towel, or rather its creditors have made the decision on Carillion’s behalf. The shock is that the company is being liquidated immediately without first placing the business into...

Pay Less Notices post-termination

Does the Scheme for Construction Contracts apply after the termination of a construction contract? Does an employer have to serve a Pay Less Notice in respect of applications for payment received after a contract has been terminated? Following guidance from...

Regularly and diligently

Construction contracts often require contractors to carry out their works “regularly and diligently”. Alternative wording such as "with due diligence" or "with due expedition and without delay" is used to the same effect. What...

Indemnity clauses in commercial contracts

This case of Wood v Capita Insurance Services Limited provides a fresh update on indemnity clauses in commercial agreements. Although the facts of the case are not strictly related to construction, it is important to note the principles that will apply...
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