Developments following Ground Developments… or not – Practical Law: Construction Blog

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

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Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

Construction company hit by £600,000 fine over damage to bat breeding site – Local Government Lawyer

‘A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats.’

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Local Government Lawyer, 14th December 2020

Source: www.localgovernmentlawyer.co.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Construction companies lose Court of Appeal challenge over expert determination – Local Government Lawyer

Posted November 17th, 2020 in construction industry, contracts, estoppel, housing, news, planning by sally

‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

Novation, step-in and a potential problem with CIGA 2020 – Practical Law: Construction Blog

Posted November 4th, 2020 in construction industry, contracts, employment, insolvency, news by tracey

‘Where the contractor has become insolvent, what obligations can an employer enforce when stepping-in to a previously novated professional consultant’s appointment in a design and build scenario?’

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Practical Law: Construction Blog, 3rd November 2020

Source: constructionblog.practicallaw.com

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Time isn’t on your side and resolving old disputes is never easy – Practical Law: Construction Blog

‘Time flies when you are having fun, or so the saying goes. I think it flies whether you are having fun or not, although I’m sure we’ve all experienced those moments when it isn’t flying at all and it feels like it has stood still. As Pink Floyd famously sang, “Ticking away the moments that make up a dull day”. You may wonder why I am talking about time. Well, it’s because of the events leading up to Fraser J’s judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. They are all to do with time.’

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Practical Law: Construction Blog, 29th September 2020

Source: constructionblog.practicallaw.com

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blogger

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Moral rights: why should developers care? – Practical Law: Construction Blog

Posted September 11th, 2020 in artistic works, construction industry, contracts, intellectual property, news by tracey

‘Question: What do the Oslo Picasso murals “The Seagull” and the “The Fishermen” and the Dutch De View Jaargetijden have in common? Answer: They both have been subject to recent high cost, high profile litigation that dragged on for years and which concerned moral rights.’

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Practical Law: Construction Blog, 9th September 2020

Source: constructionblog.practicallaw.com

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

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Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

Jail for builder Rob Hayel who ‘left homes at risk of collapse’ – BBC News

Posted August 7th, 2020 in building law, construction industry, fraud, imprisonment, news, sentencing by sally

‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk

Enforcing an adjudicator’s decision where no order for payment – Practical Law Construction Blog

‘Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.’

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Practical Law Construction Blog, 28th July 2020

Source: constructionblog.practicallaw.com

Grenfell Tower inquiry: Fire ‘inextricably linked with race’ – BBC News

‘The Grenfell Tower fire inquiry “must not ignore” the impact of race and poverty on the disaster, a lawyer representing survivors has said.’

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BBC News, 7th July 2020

Source: www.bbc.co.uk

Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian

‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

The Supreme Court sanctions the use of adjudication in the insolvency context: Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – 3 Hare Court

‘The Supreme Court has given judgment in what is being hailed as a landmark case in the construction and insolvency spheres. The decision has not only eliminated any doubt that there is jurisdiction for an insolvent company to adjudicate against a respondent with a potential cross-claim, but it has also endorsed the use of adjudication as a helpful tool for liquidators.’

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3 Hare Court, 22nd June 2020

Source: www.3harecourt.com

Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] USC 25, or ‘‘kicking the door wide open’’ – 3PB

‘Lord Justice Coulson’s judgment included the proposition that an insolvent Company could only adjudicate a dispute with a creditor in circumstances of mutual debts in “exceptional circumstances”. Subsequent caselaw has explored the extent of these “exceptional circumstances”.’

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3PB, 18th June 2020

Source: www.3pb.co.uk

Planning and re-starting the housing market – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

TCC decides adjudicator did not stray off course – Practical Law Construction Blog

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

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Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com