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Category Archive: Payment

Construction

Hybrid Construction Contracts: Payment Notice Requirements

October 22, 2019| Construction, Construction Contracts, Payment

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the court considered a Part 8 ‘smash and grab’ claim for around £2 million, brought by C Spencer Limited (“CSL”) against MW High Tech Projects … read more

construction

Is Requiring “sign-off” Before Payment Permissible?

September 6, 2019| Construction, Construction Contracts, Payment

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly … read more

Construction

Can an Employer Pay a Sub-Contractor Direct and Recover the Payment from the Contractor?

July 10, 2019| Arbitration, Construction Contracts, Payment

In the recent arbitration appeal case of Nobiskrug GMBH (“Nobiskrug”) v Valla Yachts Limited (“Valla”), two interesting issues were remitted to the tribunal for further consideration relating to the recovery of sums via damages and undue enrichment. Background Nobiskrug was … read more

Construction

Can a Party Set-Off Against an Adjudicator’s Decision?

July 18, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, Payment

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which … read more

construction

Adjudication, Enforcement, Payment and Winding-Up Petitions

June 5, 2018| Adjudication, Construction, Dispute Resolution, Engineering, Payment

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, … read more