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Category Archive: Adjudication

Challenges to Enforcement: No Breach of Natural Justice

September 11, 2018| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

This is the latest dispute between Vinci Construction UK Ltd (“Vinci”) and Beumer Group UK Ltd (“Beumer”) to arise out of a Sub-Contract concerning development works at Gatwick Airport. In this case, Beumer sought to resist enforcement of an adjudicator’s … read more

Construction

Adjudication: What if a Company is in Liquidation?

August 7, 2018| Adjudication

Companies in liquidation have typically encountered difficulties in seeking to enforce an adjudicator’s decision in their favour. In the recent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) the court addressed whether a company … read more

construction

Adjudication, Enforcement, Payment and Winding-Up Petitions

June 5, 2018| Adjudication, Construction, Dispute Resolution, Engineering, Payment

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, … read more

Construction

The Problems with Entering into an Oral Contract

April 17, 2018| Adjudication, Construction Contracts

When the Housing Grants, Construction and Regeneration Act 1996 was amended in October 2011, one of the key changes was that disputes arising under oral contracts could be referred to adjudication. Whilst the vast majority of businesses would probably dismiss … read more

“Smash and Grab” Adjudications: The End is Nigh

February 28, 2018| Adjudication

ISG Construction Ltd v Seevic College (2015) and a line of authorities that followed gave rise to what has become known as the “smash and grab” claim; whereby the full amount applied for in a payment application becomes due based … read more