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Category Archive: Construction Contracts

Is Payment Required for the Vesting of Materials Under a Vesting Certificate?

January 13, 2020| Construction, Construction Contracts, Vesting Certificates

In the recent case of VVB M&E Group Limited & Anor v Optilan (UK) Limited, the court considered the terms of two ambiguously worded vesting certificates to determine whether ownership of materials had vested in the transferee. Background In 2015, … read more

construction

Implied Terms Relating to Discretionary Assessments

December 17, 2019| Construction, Construction Contracts

In the recent case of Everwarm Limited v BN Rendering Limited, the court considered a claim by Everwarm Limited (“Everwarm”) relating to an alleged overpayment of £798,468 to BN Rendering Limited (“BN”), and a counterclaim by BN in relation to … read more

Construction

Hybrid Construction Contracts: Payment Notice Requirements

October 22, 2019| Construction, Construction Contracts, Payment

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the court considered a Part 8 ‘smash and grab’ claim for around £2 million, brought by C Spencer Limited (“CSL”) against MW High Tech Projects … read more

construction

Is Requiring “sign-off” Before Payment Permissible?

September 6, 2019| Construction, Construction Contracts, Payment

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly … read more

construction

Extension of Time Applications for Unless Orders

August 23, 2019| Construction, Construction Contracts, Dispute Resolution, Extension of Time

In Everwarm Limited v BN Rendering Limited (Rev 2) [2019], the court considered which CPR rule should apply when deciding whether to grant a last-minute application for an extension of time in which to comply with an ‘unless order’. Background … read more