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Category Archive: Construction Contracts

Construction

‘Blowing Hot and Cold’: Adjudicators’ Jurisdiction and the Principle of Approbation and Reprobation

January 21, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

If the wrong route to the appointment of an adjudicator has been taken, the adjudicator will not have jurisdiction. However, a party cannot approbate and reprobate, or ‘blow hot and cold’, in relation to the validity of an adjudicator’s decision. … read more

Practical Completion – A Matter of Interpretation? – Issues for Sectional Completion

January 3, 2019| Construction, Construction Contracts, Dispute Resolution, Practical Completion

In the recent case of University of Warwick v Balfour Beatty Group Ltd [2018] the TCC held that the proper construction of the definition of Practical Completion did not mean that the entire works had to be complete before a … read more

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

Construction

Enforceability of Liquidated Damages

December 10, 2018| Construction, Construction Contracts, Damages, Dispute Resolution, Liquidated Damages

In the recent case of GPP Big Field LLP & Anor (“GPP”) v Solar EPC Solutions SL (“Solar”) [2018] the Commercial Court considered a number of issues relating to the enforceability of liquidated damages, an issue which commonly arises in … read more

Brexit and Construction Contracts – How Can You Protect Against Risk?

November 1, 2018| Construction Contracts

Whilst no one yet knows whether the UK will agree a Brexit deal with the EU, or what that deal will be if there is one, or how long any transition period might be, it seems safe to say that … read more