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Category Archive: Dispute Resolution

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

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

Construction

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

construction

Interpreting Contracts: The Need for Clear Words

July 10, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering

The principles governing the interpretation of contracts have been the subject of several recent cases in the Supreme Court and whilst those principles may now be settled it is clear that the application of them is far from simple. In … read more

Exclusion Clauses: Incorporation and Reasonableness

July 3, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering

In our article in May 2017 we considered the case of Goodlife Foods Limited (“Goodlife”) v Hall Fire Protection Limited (“Hall”) which concerned a widely drafted exclusion clause. In a unanimous decision, the Court of Appeal has now upheld that … read more