Showing 1 - 10 of 21
Article 6 mai 2021
This update includes a roundup of recent court decisions dealing with the retrospective effect of contracts, the interpretation of exclusion clauses, liability between parties without a contract, the effect of an exclusive jurisdiction clause on enforcement of an adjudication decision, and conduct when providing a Reply to a Defence.
Article 1 mar 2021
The use of drones (UAV’s -Unmanned Aerial Vehicles) has rocketed both commercially and non-commercially and is predicted to grow due to technological advancements which makes them ever more affordable, easier to use and increasingly sophisticated. Here, we look at the impacts drones are having in the real estate market.
Article 9 fev 2021
This update includes a roundup of recent court decisions dealing with payment provisions, settlements after adjudication, arguments of natural justice in adjudication, and clarifying the meaning of “reasonable endeavours”.
Article 30 out 2020
This update includes a round-up of recent court decisions dealing with arguments of manifest injustice in enforcement proceedings, retention, adjudication procedure and further consideration of the interplay between the insolvency and adjudication regimes.
Case review 30 out 2020
In one of the most significant decisions dealing with the interplay between insolvency and adjudication since the Supreme Court judgment in Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited [17.06.20], the Technology and Construction Court considered John Doyle Construction Limited’s application for summary judgment to enforce an adjudicator’s decision.
Article 8 jul 2020
This update includes a round-up of recent court decisions dealing with design obligations in supply contracts and a number of issues relevant to adjudication, including: insolvency, Part 8 declarations, the correction principle and the interplay between “true value” and “smash and grab”.
Case review 8 jul 2020
On 17 June 2020, the Supreme Court handed down judgment in the case of Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited reversing the Court of Appeal’s decision and holding that the two regimes of insolvency and adjudication are compatible.
Article 24 abr 2020
Following on from our previous article UK construction - will now be the time for collaboration? which examined how to mitigate the impact of the coronavirus pandemic on building contracts, we now look to examine the possible impact on professional appointments.
Case review 7 abr 2020
PBS Energo A.S v Bester Generacion UK Limited [19.03.20]: The Court of Appeal has provided helpful guidance on when enforcement of an adjudicator’s decision can be refused on the basis of fraud.
Article 27 mar 2020
After the initial confusion following the announcement of a nationwide “lock-down”, the Cabinet Office has confirmed that (for the time being) construction projects may continue, subject to sites being able to comply with Public Health England’s advice.