Contract Matters
One Decision at a Time, Please!
Court declines to set-off second adjudicator’s award. Frustrated respondents should be aware that a request to set-off a second adjudication decision between the same parties in defence of a...
Collateral Warranty v Construction Contract
U.K. Supreme Court confirms that a collateral warranty is not a construction contract. In Abbey Healthcare (Mill Hill) Ltd. (“Abbey”) v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) (“Simply”)...
Intent on Disaster
The perils of relying on a letter of intent In CLS Civil Engineering Ltd. v WJG Evans and Sons [2024], the court found that in the absence of a formally...
Pay First or Risk Disappointment
Court declines to save “true value” adjudication commenced prematurely. In Henry Construction Projects Ltd. v Alu-Fix (UK) Ltd. [2023], the Technology and Construction Court (TCC) dismissed a contractor’s application for...
Works Despite Quirks
Liability cap upheld by TCC notwithstanding difficult language In Drax Energy Solutions Ltd. v Wipro Ltd. [2023], the Technology & Construction Court (“TCC”) upheld a contractual clause said to impose...
Fractions in a Day
How do the courts interpret a “day” under a construction contract? In Elements (Europe) Ltd v. FK Building Ltd. [2023], the Technology & Construction Court (“TCC”) has provided helpful guidance...
The Risks of Contracting With a Dormant Company
The case presented shows the importance of checking the identity and status of proposed parties when agreeing to a contract. In WRB (NI) Ltd. Henry Construction Projects Ltd. [2023], the...
Be Specific!
Validity and interpretation of pay less notices In the case of Advance JV & Ors -v- Enisca Ltd. [2022] EWHC 1152, the Technology and Construction Court (TCC) considered the validity...
No Time To Lose!
The implied obligation as to time for completion and the perils of failing to progress works expeditiously In the recent case of Barkby Real Estate Developments Ltd. v. Cornerstone Telecommunications...
Look Back in Anger
Collateral warranties provided retrospectively may qualify as “construction contracts.” The Court of Appeal in Abbey Healthcare (Mill Hill) Ltd. v. Simply Construct (UK) LLP [2022] has clarified that subject to...
