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Category Archive: Dispute Resolution

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

Construction

Adjudication Enforcement – Fraud and Stays of Execution

May 7, 2019| Adjudication, Construction Contracts, Dispute Resolution, Enforcement

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the … read more