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Category Archive: Construction Contracts

Construction

Notices of Adjudication: What’s in a Name?

August 8, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

Earlier this month, Palmloch Limited (“Palmloch”) sought to resist enforcement of an adjudication decision based upon the fact that the claimant, MG Scaffolding (Oxford) Limited (“MGS”) had commenced the adjudication against Palmloch’s trading name; MCR Property Group (“MCRPG”). The TCC … read more

Construction Scene

Too Late to Adjudicate Under NEC Contracts?

August 1, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, NEC Contracts

Can a party to a non-Construction Act contract lose its right to adjudicate if it does not commence proceedings within a contractual time limit? In the recent case of Sitol Limited (“Sitol”) v Finegold the court considered the application of … read more

construction

Challenging Disallowed Cost

July 16, 2019| Construction, Construction Contracts, Disallowed Cost, Dispute Resolution

Subtle differences in the interpretation of a contract can have a significant impact on the rights and obligations of the parties. In the recent case of Network Rail Infrastructure Limited (“Network Rail”) v ABC Electrification Limited (“ABC”), over £13million potentially … read more

Construction

Can an Employer Pay a Sub-Contractor Direct and Recover the Payment from the Contractor?

July 10, 2019| Arbitration, Construction Contracts, Payment

In the recent arbitration appeal case of Nobiskrug GMBH (“Nobiskrug”) v Valla Yachts Limited (“Valla”), two interesting issues were remitted to the tribunal for further consideration relating to the recovery of sums via damages and undue enrichment. Background Nobiskrug was … read more

When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?

July 3, 2019| Adjudication, Construction Contracts, Enforcement

One of the few grounds available for resisting the enforcement of an adjudicator’s decision is a claim of breach of the rules of natural justice. In the case of JJ Rhatigan & Co (UK) Limited (“Rhatigan”) v Rosemary Lodge Developments … read more