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Category Archive: 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


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


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


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