Adjudicator reaches decision in “procedurally unjust manner” so not enforced – Practical Law: Construction Blog

‘Sometimes it feels that, as an adjudicator, you are damned if you do and are also damned if you don’t. In this case – Liverpool CC v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) – it was both what the adjudicator did do and what he didn’t do that led the judge to issue a declaration that his decision was unenforceable. But how did the judge, HHJ Stephen Davies, arrive at this point?’

Full Story

Practical Law: Construction Blog, 21st June 2022

Source: constructionblog.practicallaw.com

CMA provisionally finds construction firm cartels rigged £150m of contracts – The Independent

Posted June 24th, 2022 in competition, construction industry, contracts, fines, news, ombudsmen by tracey

‘A group of 10 construction firms illegally colluded to rig bids for £150 million of major contracts, according to provisional findings by the UK competition watchdog.’

Full Story

The Independent, 24th June 2022

Source: www.independent.co.uk

Exclusions and independent schools: options for families – 5SAH

Posted May 24th, 2022 in complaints, contracts, equality, news, school exclusions by sally

‘England and Wales are home to some of the world’s most celebrated independent schools. They provide life-changing opportunities and are seen by many as a passport to success.’

Full Story

5SAH, 17th May 2022

Source: www.5sah.co.uk

Does the platinum jubilee bank holiday entitle a contractor to an extension of time? – Practical Law: Construction Blog

Posted May 6th, 2022 in construction industry, contracts, holidays, news by tracey

‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’

Full Story

Practical Law: Construction Blog, 4th May 2022

Source: constructionblog.practicallaw.com

Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement – Practical Law: Construction Blog

‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’

Full Story

Practical Law: Construction Blog, 11th April 2022

Source: constructionblog.practicallaw.com

JCT’s insolvency payment regime – how does it work? – Practical Law: Construction Blog

Posted April 11th, 2022 in construction industry, contracts, debts, insolvency, news by tracey

‘The case of Levi Solicitors LLP v Wilson and another considered the impact of contractor insolvency on debts owed to an employer under a JCT contract.
Significantly, the court helpfully clarified how the payment regime under JCT contracts operated in the context of insolvency. This blog takes a closer look at the case.’

Full Story

Practical Law: Construction Blog, 6th April 2022

Source: constructionblog.practicallaw.com

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers

Posted April 8th, 2022 in chambers articles, construction industry, contracts, jurisdiction, news by sally

‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’

Full Story

Falcon Chambers, March 2022

Source: www.falcon-chambers.com

Managing PFI contract expiry risks – updated IPA guidance – Practical Law: Construction Blog

Posted March 25th, 2022 in construction industry, contracts, news by tracey

‘On 28 February 2022, the Infrastructure and Projects Authority (IPA) published its latest guidance to contracting authorities (CAs) on preparing for PFI contract expiry. It provides practical guidance on managing expiry and service transition. We have previously written about the IPA’s earlier guidance and its PFI expiry health check report.’

Full Story

Practical Law: Construction Blog, 23rd March 2022

Source: constructionblog.practicallaw.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

Full Story

Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Speech by Mr Justice Foxton: Edmund King Memorial Lecture – Courts and Tribunals Judiciary

Posted March 15th, 2022 in contracts, France, legal history, speeches by tracey

‘Mr Justice Foxton, who sits in the Commercial Court, has delivered a lecture in memory of Edmund King QC to a joint meeting of the London Common Law and Commercial Bar Association (COMBAR) and the Administrative Law Bar Association. Entitled “What did the French ever do for us? Historic and prospective French influences on English private law”, the speech addressed the influence of French legal writers and concepts on the development of English private law.’

Full speech

Courts and Tribunals Judiciary, 14th March 2022

Source: www.judiciary.uk

Farrar Out – Local Government Lawyer

‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’

Full Story

Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Lumley v Foster – the danger of oral contracts and contracting with the correct entity – Practical Law: Construction Blog

Posted March 10th, 2022 in construction industry, contracts, news by tracey

‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’

Full Story

Practical Law: Construction Blog. 9th March 2022

Source: constructionblog.practicallaw.com

JCT insolvency ruling: time limit on termination not condition precedent – OUT-LAW.com

Posted March 7th, 2022 in company law, construction industry, contracts, debts, insolvency, news, time limits by tracey

‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’

Full Story

OUT-LAW.com, 4th March 2022

Source: www.pinsentmasons.com

Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

Full Story

Practical Law: Construction Blog, 2nd March 2022

Source: constructionblog.practicallaw.com

County fires gun on procurement of £369k legal case management system amid mini-flurry of contract awards by local authorities – Local Government Lawyer

‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’

Full Story

Local Government Lawyer, 2nd March 2022

Source: www.localgovernmentlawyer.co.uk

Litigation Costs – is the sky really the limit? – Mills & Reeve

Posted February 24th, 2022 in building law, case management, contracts, costs, disclosure, news by sally

‘The recent case of The Sky’s the Limit Transformation Ltd v Dr Mohammed Mirza [2022] outlines a judge’s view as to a way forward in resolving domestic building disputes in a time and cost effective manner.’

Full Story

Mills & Reeve, 23rd February 2022

Source: www.mills-reeve.com

Option agreements: court’s role not to ‘rewrite bad bargain’, says English judge – OUT-LAW.com

Posted January 24th, 2022 in construction industry, contracts, drafting, news, planning by tracey

‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’

Full Story

OUT-LAW.com, 21st January 2022

Source: www.pinsentmasons.com

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited – Local Government Lawyer

Posted January 24th, 2022 in contracts, local government, news, third parties, waste by tracey

‘Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.’

Full Story

Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent

Posted January 18th, 2022 in appeals, contracts, coronavirus, news, public procurement by tracey

‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’

Full Story

The Independent, 18th January 2022

Source: www.independent.co.uk

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

Full Story

Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk