Supreme Court Decide That Liquidated Damages Accrue Up Until Termination of the Contract Whereby Works Never Completed

On Friday, the Supreme Court handed down its judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29, unanimously overturning the Court of Appeal’s earlier decision relating to liquidated damages (“LADs”) where a contract has been […]

Read More

Building Safety Bill 2021: Retrospective extension of limitation period under the Defective Premises Act 1972

The Building Safety Bill 2021 (the “Bill”) proposes to expand the limitation period for property owners to bring a claim for defective works from six years to fifteen years. This legislation, if passed in its current form, would apply retrospectively, […]

Read More

Proceed With Care – Entirety of Defendant’s Expert Technical Evidence Excluded by the TCC due to Non-Compliances

In the recent case of Dana UK AXLE Ltd -v- Freudenberg FST GMBH [2021] EWHC 1413 (TCC), the TCC considered an application to exclude technical expert evidence mid-way through a trial. Background On 5 May 2021, a trial commenced in […]

Read More

Materials Shortage at ‘Crisis Level’ – How Can Companies Protect Themselves?

In March 2021, the Construction Leadership Council issued a warning to the UK construction industry that the ensuing months would see a significant and widespread shortage in key building materials. That prediction is now very much a reality, and its […]

Read More

Excluding Liability for Deliberate Breach – Is Special Wording Required?

In the recent case of Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 the TCC considered whether an exclusion clause required exceptional wording in order to exclude liability for fundamental, deliberate and wilful breaches. Background Trant Engineering Limited […]

Read More

The TCC consider the circumstances in which an independent Category 3 design checker may owe a duty of care to a main contractor

In the recent case of Multiplex Construction Europe Limited v (1) Bathgate Realisations Civil Engineering Limited (in administration) (2) BRM Construction LLC (3) Argo Global Syndicate 1200 the TCC considered the scope of a professional design checker’s duty of care […]

Read More

Contract Interpretation and Repudiatory Breach

In the recent case of Optimus Build Ltd v Southall & McManus, the Technology and Construction Court (TCC) considered a dispute in which the contractor believed the contract was a fixed price contract and the employer believed it to be […]

Read More

Adjudication Enforcement – “Subject to Contract” and Determination by Agreement

In the recent case of Aqua Leisure International Limited v Benchmark Leisure Limited, the Technology & Construction Court (TCC) considered an application for summary judgment to enforce an adjudicator’s decision in circumstances where there was an alleged determination “by agreement” […]

Read More

The Brexit Trade Deal and its Impact on the Construction Industry

On 24 December 2020, the UK and the EU reached a trade and co-operation agreement (the “Trade Deal”) addressing the arrangements that now apply between them. This bulletin highlights a number of the key elements of the Trade Deal which […]

Read More

Letters of Intent and Incorporation of Standard Form Contracts

In the case of OD Developments v Oak Dry Lining Ltd, the TCC considered the operation and effect of a letter of intent (“LOI”) in the context of whether a JCT standard form sub-contract was incorporated. Background Oak Dry Lining […]

Read More