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Category Archive: Construction Contracts

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

construction

In Breach, But at What Cost? Force Majeure, Causation and Damages

October 23, 2018| Causation, Construction, Construction Contracts, Damages, Dispute Resolution, Force Majeure

The recent Judgment of the Commercial Court in Classic Maritime Inc. (“CMI”) v Limbungan Makmur SDN BHD & Anor (“Limbungan”) [2018] examines the role of causation when defending a matter on the grounds of force majeure. The Judgment also includes … read more

construction

Economic Torts And Piercing The Corporate Veil – Can You Make A Claim Against Former Directors?

October 11, 2018| Construction, Construction Contracts, Economic Tort

In the recent case of Palmer Birch (A Partnership) v Lloyd & Anor [2018], the TCC considered the requirements to establish economic torts as causes of action and whether a contractor was entitled to pursue the individuals behind an insolvent … read more