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Category Archive: Adjudication

Construction Scene

Adjudication, Fraud and Stays of Execution

December 14, 2018| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

The Court of Appeal has endorsed a first instance decision by the Technology and Construction Court (“TCC”) granting a stay of execution on new grounds. In the context of adjudication enforcement, the leading guidance is set out in the case … read more

“Smash and Grab” Adjudications – S&T v Grove: The Appeal

November 7, 2018| Adjudication, JCT Contracts

In February this year, Coulson J, as he then was, handed down judgment from the Technology and Construction Court (“TCC”) in the case of Grove Developments Limited (“Grove”) v S&T (UK) Limited (“S&T”). His decision threw significant doubt on the … 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

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