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Category Archive: Construction

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

construction

Fraud, Duress and Undue Influence – Guidance from the TCC

August 19, 2019| Construction, Construction Contracts, Dispute Resolution

A recent TCC decision considered the hurdles to overcome in order to prove whether agreements are executed in circumstances of fraud, duress and/or undue influence. In the recent case of Nua Facades Limited; Nua Interiors Limited; Silk Property Developments Limited … read more

Construction Scene

Exception Clauses and Causation – Guidance from the Court of Appeal

August 15, 2019| Causation, Construction, Construction Contracts, Exception Clauses

A recent Court of Appeal decision considered the extent to which an exceptions clause requires a party to prove that, notwithstanding the force majeure event, it would still have performed its obligations. In the recent case of Classic Maritime Inc. … read more