Severance of Adjudicator’s Decisions – Beyond Jurisdiction and Natural Justice? Willow Corps S.A.R.L. v MTD Contractors Ltd.  EWHC 1591 (TCC)Severance of adjudicator’s awards has, at least up until now, been a judicial tool used only sparingly in relation to TCC enforcement proceedings...
15th October 2019 by Dr Tim SampsonThe charmed life of Building Inspectors, re-visited: The Lessees and Management Company of Herons Court v NHBC Building Control Services Ltd  EWCA Civ 1423Approved inspectors of buildings are a feature of the construction site. They do not, however, owe a duty under section 1 of the Defective Premises Act 1972.
15th October 2019 by David SawtellThe devil in the detail: is a liability under a personal guarantee a debt payable immediately?In July 2019, ICC Judge Barber in Martin v McClaren Construction Limited  EWHC 2059 (Ch) was tasked on an application to set aside a statutory demand under Rule 10.5(5)(d) of the Insolvency Rules 2016 (“IR 2016”)...
15th October 2019 by Hannah LaithwaiteOhpen Operations UK Limited v Invesco Fund Managers Limited  EWHC 2246 (TCC)In a recent TCC decision, Mrs Justice O’Farrell has reiterated that the Courts will enforce contractual dispute resolution procedures and give parties every opportunity to settle disputes before pursuing litigation.
24th September 2019 by Ryan TurnerLow-value construction disputes: TeCSA adjudication pilotSimple low-value disputes are perfect fodder for adjudication and use of this opportunity will lead to a much quicker resolution than litigation, hopefully contractors and employers alike will take note
9th July 2019 by Ryan TurnerRGB P&C Ltd. v Victory House General Partner Ltd.  EWHC 1188 (TCC)The decision of Mrs Justice Jefford DBE in RGB P&C Ltd. v Victory House General Partner Ltd is an interesting example of...
12th June 2019 by Dr Tim SampsonAnchor 2020 Ltd v Midas Construction Ltd  EWHC 435 (TCC)
12th June 2019 by Graeme KirkConstruction arbitration – a snapshotArbitration remains one of the most popular ways to resolve construction disputes, especially those arising out of transnational projects or where the participants come from different jurisdictions.
11th June 2019 by David SawtellTechnology and Construction Court: Global Hub of Legal Expertise?This short article offers a modest view as to whether the Technology and Construction Court (“TCC”) will remain a global hub of legal expertise in the medium-term.
11th June 2019 by Dominic BrightPBS v Bester  EWHC 996 (TCC): Adjudication enforcement—Allegations of fraudThe decision of Pepperall J provides yet another stumbling block to the rapid procedure for enforcement of adjudication awards
10th June 2019 by Ryan TurnerUK government announces £200m fund to speed up cladding replacement – some answers, still lots of questionsDavid Sawtell has commented on the government’s announcement
15th May 2019 by David SawtellWhat the Lacrosse fire in Melbourne, Australia tells us about architect’s design liability for fire safetyOn 24 November 2014, a resident of the Lacrosse apartment tower in the Docklands area of Melbourne, in the state of Victoria in Australia, failed to extinguish his cigarette fully when he came home from work.
10th April 2019 by David SawtellFavourable ‘true value’ adjudications will not help an employer avoid enforcement of a contractor’s ‘smash and grab’ adjudication awardM Davenport Builders Limited v Mr Colin Greer & Anr  EWHC 318 (TCC)
10th April 2019 by Hannah LaithwaiteCalculating damages for delay where the works are never completedTriple Point Technology Inc v PPT Public Company Ltd  EWCA Civ 230
10th April 2019 by Dr Tim SampsonDealing with fraud in the adjudicationBM Services Inc Limited v Greyline Builders Limited  EWHC 3884 (TCC)
10th April 2019 by Matthew GillettReserving your position on jurisdiction during adjudicationOve Arup & Partners International Ltd v Coleman Bennett International Consultancy plc  EWHC 413 (TCC)
10th April 2019 by Graeme KirkForthcoming MBL webinar - ‘An Introduction to Causation & Delay in Construction Contracts - Time Costs Money’David Sawtell filmed this morning
1st April 2019 by Mark RowlandsBresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd  EWCA Civ 27Dominic Bright examines one of the most significant construction insolvency cases.
30th January 2019 by Dominic BrightConstruction Group Seminar – 6 March 2019
16th January 2019 by Cliff AldersonTo exclude the jurisdiction of the courts of England and Wales, a clause must be clear in its meaning and clear evidence of incorporation is required: Hanwha Q Cells GmbH v Lark Power Generation LimitThe claimant (“Hanwha”) brought a claim against the defendant (“Lark”) for the price of solar panels sold and delivered to Lark.
17th December 2018 by John DitchburnConstruction law in 2018: an analysisContract law must be as clear as possible and its rules acknowledged as defaults.
17th December 2018 by David SawtellLiquidated damages before and after termination: GPP Big Field LLP and another v Solar EPC Solutions SL (Formerly Prosolia Siglio XXI)  EWHC 2866 (Comm)This lengthy and detailed judgment of Richard Salter QC provides a helpful summary of the operation of liquidated damages clauses in commercial contracts and also considers the obligations arising under parent company guarantees and indemnities.
17th December 2018 by Ryan TurnerBrexit, the Draft Withdrawal Agreement, and the Construction Industry: Three Areas for ConcernConstruction is a vital part of the UK economy.
17th December 2018 by Dominic BrightThis House believes Adjudication is better than CourtKing’s College Construction Law Association (“KCCLA”) debate - Thursday 31st January
17th December 2018 by Mark RowlandsGosvenor London Ltd. v Aygun Aluminium UK Ltd. – Court of AppealThe new Wimbledon v Vago “g” principle and the right to rely on allegations of fraud in support of stay applications in relation to summary enforcement of adjudicator’s awards
3rd December 2018 by Dr Tim SampsonConstruction Insolvency Workshop this WednesdayStarts at 6pm at Lamb Chambers
26th November 2018 by Mark RowlandsLeft Unsaid: Implied Obligations in Construction and Property Development WorkshopThe first workshop in the established practitioners series starts this Wednesday, 7 November 2018 at 6pm. Have you registered?
5th November 2018 by Mark RowlandsConstruction Workshop: Issues faced when clearing a development site ready for mobilisation.13 November 2018 at 6pm
2nd November 2018 by Mark RowlandsNuts & Bolts: Introduction to Construction Law25th September at 6pm - Introduction to Adjudication
18th September 2018 by PhilChallenging valuations in litigation: Imperial Chemical Industries Ltd. v Merit Merrell Technology Ltd.  EWHC 1577 (TCC)The judgment of the Hon. Mr Justice Fraser in ICI v MMT, dated the 21 June 2018, is (almost certainly) the end of an extraordinarily protracted case ...
11th September 2018 by Dr Tim SampsonLimitation and collateral warranties: Swansea Stadium Management Company Ltd v City & County of Swansea & Interserve Construction Limited  EWHC 2192 (TCC)This judgment arose out of the Second Defendant’s application for summary judgment on part of the claim and is part of larger ongoing litigation due to be heard at the end of October 2018.
11th September 2018 by Will SkjøttVictory House General Partner Ltd v RGB P&C Ltd  EWHC 1143 (Ch) :A ‘true value’ adjudication award can provide a genuine cross claim sufficient to defeat a winding-up petition regardless of the petition debt being a judgment debt
11th September 2018 by Hannah LaithwaiteBDW Trading Limited v Intégral Géotechnique (Wales) Limited  EWHC 1916 (TCC): scope of dutyAlthough this case has attracted attention for a number of reasons, the principal focus here is its place in the development of construction law.
11th September 2018 by Graeme KirkConcurrent delay, the prevention principle, and freedom of contract:What the Court of Appeal told us in North Midland Building Ltd v Cyden Homes Ltd  EWCA Civ
11th September 2018 by David SawtellDavid Sawtell presented his paper at Cambridge UniversityInterest and the standing of the residential leaseholder in construction operations
31st May 2018 by David SawtellFunders and their advisorsLloyds Bank plc v McBains Cooper Consulting Ltd  EWCA Civ 452
16th May 2018 by William SkjottThe uncertainty of oral contracts in adjudication enforcementM Hart Construction Limited & Anr v Ideal Response Group Limited  EWHC 314 (TCC)
16th May 2018 by Hannah LaithwaiteResisting calls on on-demand bondsTetronics (International) v HSBC Bank Plc (BlueOak Arkansas LLC intervening)  EWHC 201 (TCC)
16th May 2018 by David SawtellSubcontractors beware! Subcontractor participation in project wide insuranceHaberdashers' Aske's Federation Trust Ltd and another v Lakehouse Contracts Ltd and another  EWHC 558 (TCC)
16th May 2018 by Vaughan JacobImplied obligations on employers in property development and construction projects: updateThe recent Court of Appeal decision in Clin v Walter Lilly  EWCA Civ 490 highlights that even detailed and well-crafted agreements require terms to be implied in order to make them work properly.
20th April 2018 by David SawtellThe TCC Adds a New Limb “(g)” to the Wimbledon v Vago Principles and Concludes that Allegations Fraud Not Raised in the Adjudication are Relevant to the Imposition of a Stay Under this New LimbGosvenor v Aygun
28th March 2018 by Dr Tim SampsonMediation in Construction DisputesThe essence of mediation is the re-building of a relationship of trust and confidence, by way of transmission of information, between parties in dispute.
13th March 2018 by Clive BlackwoodThe TCC’s Decision in Equitix – A More Flexible Application of the Wimbledon v Vago Principles? Equitix ESI CHP (Wrexham) Ltd v Bester Generation UK Ltd  EWHC 177 (TCC)It has long been the accepted practice in the TCC that the scope for challenges to the summary enforcement of adjudication awards is strictly limited ...
13th March 2018 by Dr Tim SampsonPutting ‘smash and grab’ adjudications back in their place: Grove Developments Ltd v S&T (UK) Ltd  EWHC 123 (TCC)Coulson J’s already famous judgment is not the end of ‘smash and grab’ adjudications.
13th March 2018 by David SawtellTCC gives further guidance on Computer Assisted Review and disclosure: Triumph Controls UK Limited, Triumph Group Acquisitions Corp. v Primus International Holding Co., Primus International Inc., PrimIn a claim where the Claimants claimed some $65m, Mr Justice Coulson, dealing with an application made by the Defendants, set out useful guidance on the use of e-disclosure in the TCC.
13th March 2018 by Will SkjøttWhy the delay? Prospective and retrospective delay analysis in Fluor v Shanghai Zhenua Heavy Industry Co Ltd  EWHC 1 (TCC)There are generally two methods of assessing damages following an event causing delay in a construction contract.
13th March 2018 by Vaughan JacobConstruction defects – time for clear thinkingPractical Law - Construction Blog
7th March 2018 by David SawtellCarillion Plc goes into liquidation: what is the immediate effect?David Sawtell (2005) and Oliver Hyams (2012)
15th January 2018 by David Sawtell & Oliver HyamsThe prevention principle and delayNorth Midland Building Limited v Cyden Homes Limited  EWHC 2414 (TCC)
14th December 2017 by William SkjøttWhen to challenge enforcement of an adjudicator’s decision?Actavo UK Limited v Doosan Babcock Limited  EHWC 2849 (TCC)
14th December 2017 by Hannah LaithwaiteMediation of construction disputes in the age of adjudicationThe introduction of the statutory regime imposing compulsory and rapid adjudication under the terms of the Housing Grants Construction and Regeneration Act 1996 (‘the Act’)..
14th December 2017 by Dr Tim SampsonRoundup of the most important construction law developments in 2017Contractual interpretation and adjudication dominated the headnotes in 2017.
14th December 2017 by David SawtellDavid Sawtell has been awarded a Distinction for the MSc Masters Degree in Construction Law and Dispute ResolutionAt King’s College, London
30th November 2017 by David SawtellNorth Midland Building Limited v Cyden Homes Limited  EWHC 2414 (TCC)The decision of Fraser J. in North Midland Building Ltd. v Cryden Homes Ltd. is an interesting example of a party to a construction contract attempting...
9th October 2017 by Dr Tim SampsonRecovering adjudication costs: does Lulu Construction Ltd v Mulalley & Co Ltd  EWHC 1852 (TCC) mean that the costs of an adjudication are recoverable?Traditionally, the costs of an adjudication are not recoverable from the paying party (subject to the agreement of the parties, which itself has arguably been limited by section 108A of the Housing Grants, Construction and Regeneration Act 1996).
20th April 2017 by David SawtellConstruction prize for David SawtellDavid Sawtell rewarded for construction technology examination by King’s College, London
21st November 2016 by David SawtellNew tenant - David SawtellWe are delighted to welcome David Sawtell to Chambers today.
9th March 2016 by Vincent DenhamNew Rules on Cost BudgetingAs of the 6th of April 2016, important new rules affecting costs budgeting come into force.
4th March 2016 by Bernard Pressman