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Category Archive: Construction Contracts

Construction

“No Crystallised Dispute” Jurisdictional Challenges

June 19, 2020| Adjudication, Construction, Construction Contracts

In the case of MW High Tech Projects UK Limited v Balfour Beatty Kilpatrick Limited, the Technology and Construction Court (the “TCC”) considered the operation of a “no crystallised dispute” challenge to the Adjudicator’s jurisdiction in the context of an … read more

Construction Scene

Insolvency and Adjudication: Clarity from the UK Supreme Court

June 18, 2020| Adjudication, Construction, Construction Contracts

In the case of Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, the UK Supreme Court (the “UKSC”) considered important questions about the operation of two statutory regimes; namely, adjudication and insolvency set-off. In particular, the … read more

construction

TCC Considers Design Obligations, Implied Terms of Fitness for Purpose and Causation

May 27, 2020| Construction, Construction Contracts

In the recent case of DBE Energy Ltd v Biogas Products Ltd, the Court considered a claim by DBE Energy Limited (“DBE”) for breach of contract and negligence against Biogas Products Limited (“Biogas”) in relation to the design, manufacture and … read more

construction

True Value Adjudications and Stays of Execution

May 14, 2020| Adjudication, Construction, Construction Contracts

In the case of Broseley London Limited v Prime Asset Management Limited (Trustee of the Mashel Family Trust), the Technology and Construction Court (the “TCC”) considered the applicability of true value adjudications as well as applications for stays of execution. … read more

construction

Does Payment of an Adjudicator’s Fees Amount to a Waiver of the Right to Challenge their Decision?

May 7, 2020| Adjudication, Construction, Construction Contracts

In the recent case of Platform Interior Solutions Limited v ISG Construction Limited, the TCC considered a number of challenges to an adjudicator’s decision and also whether payment of the adjudicator’s fees constituted a waiver of the right to challenge … read more