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It is a well-established principle that you cannot bring an adjudication against a party where “the same or substantially the same” dispute has already been adjudicated on. The reason for this lies in paragraph 9(2) of the Scheme for Construction Contracts 1998, under which the adjudicator lacks jurisdiction to decide on the same issue and […]

The post Can a payment application never be adjudicated on twice? appeared first on Talking Construction.

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Whether or not liquidated damages (LDs) continue to run from the time of the breach of the relevant contract until such time as the contract is terminated, has been hotly debated in the construction industry.  A new Court of Appeal decision, Triple Point Technology v PTT [2019] EWCA Civ 230, has added clarity on this […]

The post Liquidated damages and termination – clarity from the Court of Appeal appeared first on Talking Construction.

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In the recent decision of M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 the Technology and Construction Court considered yet another case concerning ‘smash and grab´ adjudications.  The term “smash and grab” adjudication, as it has been coined by the industry, refers to an adjudication where a contractor argues that a valid […]

The post Smash and grab adjudication continues to grab the headlines appeared first on Talking Construction.

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Gateley Plc successfully represented West Ham FC in a Court of Appeal case concerning the scope of documents which a party must allow its opponent to inspect. What was the dispute about? The dispute was between West Ham and the Owners of the Olympic Stadium and related to the number of seats in the Olympic […]

The post When isn’t a document covered by litigation privilege? appeared first on Talking Construction.

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When a party is forced to carry out remedial works due to the fault (e.g. breach of contract or negligence) of another party, it will want to recover the full cost of those works from the defaulting party. But can it, or are there constraints on what works it can recover for and the amount […]

The post Talking Construction: Recovering For Remedial Works – The Dos and Don’ts appeared first on Talking Construction.

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A recent first instance decision involves questions which are relevant for sureties, particularly the applicability of liquidated damages following termination of the employment of a contractor (which could affect the level of losses recoverable under a bond after contractor default)[1].  GPP Big Field LLP (“the Employer”) had engaged Prosolia UK Limited (“the Contractor”) to construct […]

The post Solar Farm Case Casts Light on Laws Applicable to Guarantees appeared first on Talking Construction.

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Adjudications involving insolvent companies have historically proven to be fertile ground for ‘spin-off’ litigation between the parties. A range of issues have previously come before the courts against the backdrop of one party’s insolvency such as: the enforceability of an adjudicator’s decision; or circumstances when it may be appropriate to request that the courts grant […]

The post Adjudication with Insolvent Companies appeared first on Talking Construction.

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Any party to litigation – and this includes construction litigation – has strict obligations to preserve all documents that might be relevant to the dispute. The logic behind this is that, should the matter ever get to Court, then the Court will have all the documents available to make a fully informed and just decision. […]

The post “Don’t hit delete!” document preservation in litigation appeared first on Talking Construction.

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The scope of services that a Consultant is to provide is a key part of the Consultant’s Appointment and should be given careful consideration.  It is important that the services are accurate and match the Employer’s requirements with regard to the project.  This is particularly demonstrated by a recent case Williams Tarr Construction Ltd v […]

The post Are your services the right fit? appeared first on Talking Construction.

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Construction Senior Associate William Cursham looks at a recent Court of Appeal decision where a developer was ordered to pay an overage payment of £750,000, despite the fact that the development that triggered it was not capable of being carried out. Overage payments are an important way in which a landowner can ensure that it […]

The post Over Harsh? Overage Payments and when they are triggered appeared first on Talking Construction.

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