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Category Archive: Dispute Resolution

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

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

Challenges to Enforcement: No Breach of Natural Justice

September 11, 2018| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

This is the latest dispute between Vinci Construction UK Ltd (“Vinci”) and Beumer Group UK Ltd (“Beumer”) to arise out of a Sub-Contract concerning development works at Gatwick Airport. In this case, Beumer sought to resist enforcement of an adjudicator’s … read more

Contract Interpretation: Terms Will Not Be Implied Simply Because It May Appear Fair To Do So

July 24, 2018| Construction, Construction Contracts, Design, Dispute Resolution, Engineering

The test for implying contractual terms was set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd. Whilst that case settled what the test is, the application of that test … read more