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Category Archive: Litigation


Failure to Provide Performance Bonds and Warranties

February 26, 2014| Collateral Warranties, Construction Contracts, Litigation

What sanction will the courts impose? Failure by contractors to provide performance security documents and collateral warranties is a common concern for employers. The recent case of Liberty Mercian Ltd v Cuddy Civil Engineering Ltd and Cuddy Demolition and Dismantling … read more

Construction Scene

Adjudication, Litigation and the Limitation Period: When does the clock start ticking?

December 11, 2013| Adjudication, Litigation

In this article we discuss the recent Court of Appeal decision in Aspect Contracts (Asbestos) Limited v Higgins Construction Plc. Ultimately the question before the Court was: how long do you have to commence legal proceedings to finally determine a … read more

Mediation of Construction Disputes – 5 Tips for a Successful Mediation

July 3, 2013| Construction, Dispute Resolution, Litigation

Mediation is a flexible and confidential form of alternative dispute resolution (ADR) and is now considered to be the primary method of ADR. It is most commonly used to contain conflicts or to resolve disputes and is less litigious than … read more

Extensions of Time and Concurrent Delay

July 26, 2012| Construction Contracts, Dispute Resolution, Litigation

The recent case of Walter Lilly & Company Limited v Mackay and DMW Developments Limited is an extremely important judgment which clarifies the legal position on some of the most frequently disputed issues in the construction industry, namely: concurrent delay; … read more

Limitation Periods – When Is It Too Late To Claim?

February 27, 2012| Construction Contracts, Dispute Resolution, Litigation

Can contracting parties choose to alter the legal limitation period for bringing claims under their contract? What are the consequences of failing to bring a claim within the time limit? The law imposes a “limitation period” on all types of … read more