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Category Archive: Construction


Economic Torts And Piercing The Corporate Veil – Can You Make A Claim Against Former Directors?

October 11, 2018| Construction, Construction Contracts, Economic Tort

In the recent case of Palmer Birch (A Partnership) v Lloyd & Anor [2018], the TCC considered the requirements to establish economic torts as causes of action and whether a contractor was entitled to pursue the individuals behind an insolvent … read more

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


No Greater Liability Clauses and Collateral Warranties – When Does Limitation Expire?

September 7, 2018| Collateral Warranties, Construction, Construction Contracts, Limitation

Generally, claims brought outside the relevant limitation period will not be entertained by the courts. It is crucial therefore that parties know the date by which they must bring a claim. In the recent case of Swansea Stadium Management Company … read more

Contract Interpretation: Terms Will Not Be Implied Simply Because It May Appear Fair To Do So

July 24, 2018| Construction, Construction Contracts, Design, Dispute Resolution, Engineering

The test for implying contractual terms was set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd. Whilst that case settled what the test is, the application of that test … read more


Can a Party Set-Off Against an Adjudicator’s Decision?

July 18, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, Payment

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which … read more