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Category Archive: Dispute Resolution

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

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