Our collective thoughts

Posted November 2, 2022 | Published in Dispute resolution

How the UK plans to remain a world leader in international arbitration

Adele Parsons reports on the UK’s plans to remain a world leader in international arbitration.

Posted October 13, 2022 | Published in Dispute resolution

Immediate payment obligation and entitlement to commence (or rely upon) a “true value” adjudication – clarity at last…?

Matthew Simson considers the case of AM Construction Limited v The Darul Amaan Trust and – again! – the question as to when the paying party’s immediate payment obligation arises in the context of commencing or relying upon a “true value” adjudication.

Matthew Simson | 0 comments

Posted September 30, 2022 | Published in Contracts & documentation

Insolvency of the main contractor: 15 top considerations for the employer

Having acted for employers on four projects in the past year where the main contractors have become insolvent, Martin Ewen reviews his top 15 actions for employers to consider when faced with main contractor insolvency.

Martin Ewen | 0 comments

Posted August 2, 2022 | Published in General

The Building Safety Act: significant changes since the Bill

Roma Patel considers the new rigorous regime under the Building Safety Act with respect to new obligations and an increase in liability across the building sector since the Building Safety Bill received Royal Assent.

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Posted July 1, 2022 | Published in Dispute resolution

Collateral Warranties: Are They Simply Construction Contracts?

Ruth Leake considers the recent Court of Appeal case Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP and the meaning of a “construction contract” under the HGCRA with respect to collateral warranties.

Ruth Leake | 0 comments

Posted June 9, 2022 | Published in Dispute resolution

Van Oord v Dragados: To frolic is to fail … if you’re an adjudicator. Adjudicator’s decision not enforced due to a breach of natural justice

Adele Parsons considers the Scottish case of Van Oord UK Limited v Dragados UK Limited, the circumstances when an adjudicator’s actions amount to a breach of natural justice, and the practical implications for adjudicators.

Adele Parsons | 0 comments

Posted May 16, 2022 | Published in Dispute resolution

Bexheat v ESG: a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication

Matthew Simson considers the case of Bexheat Limited v Essex Services Group Limited and whether a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication.

Matthew Simson | 0 comments