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Category Archive: Construction


Resisting Enforcement of an Adjudicator’s Decision – The Fraud Defence

April 29, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

Attempts to resist enforcement of adjudication decisions by alleging they were procured by fraud are becoming more common, PBS Energo A.S v Bester Generacion UK Limited [2019] was “one of those rare adjudication cases” whereby the defence was successful and … read more

NEC4 Amendments – What Do You Need to Know?

March 21, 2019| Construction, NEC4 Contracts

NEC has published a set of amendments to the NEC4 suite of contracts published in June 2017. Although released in March 2019, these amendments are referred to as the January 2019 amendments (the “Amendments”). This bulletin explains what the main … read more


When is a Contract Formed?

March 8, 2019| Construction, Construction Contracts, JCT Contracts, Letters of Intent

Parties often face tight deadlines and are eager to commence works as soon as possible. As a result, letters of intent are commonly used within the construction industry on the joint understanding that a formal contract will be executed soon … read more

Construction Scene

Are You Adjudicating Against the Right Party?

March 4, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

It is an established principle that an adjudicator does not have jurisdiction in respect of a dispute referred against an entity which was not a party to the contract. However, the recent case of Gerard Ferns & Kerry-Ann Ferns v Keith … read more


Life after S&T v Grove; TCC Guidance on ‘Smash and Grab’

February 25, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

In M Davenport Builders Ltd v Greer & Anor [2019], one of the first cases to consider the enforcement of a ‘smash and grab’ adjudication since the Court of Appeal’s landmark ruling in S&T(UK) Ltd v Grove Developments Ltd [2018], … read more