Our collective thoughts

Posted June 19, 2023 | Published in Contracts & documentation

Authority and intention, and the importance of the underlying contract to co-insurance arrangements [1]

The Court of Appeal’s recent judgment in FM Conway Ltd v The Rugby Football Union and ors provides a comprehensive assessment of key issues affecting insurance options for construction projects. Senior Associate Andrew Jeffcoat reports on the decision.

The TCC provides yet more reasons why expert shoppers should beware … [3]

Katherine Butler returns to the topic of “expert shopping” with a review of two recent TCC decisions that should serve as cautionary tales for anyone looking to engage in the proscribed practice.

Take your time and keep your options open: a review of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC) [5]

Laura Bowler considers the recent decision of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC).

TCC decision reaffirms difficulties in defending fire safety and defects claims [7]

In December 2022, the Technology and Construction Court handed down its decision in LDC (Portfolio One) Limited v (1) George Downing Construction Ltd and (2) European Sheeting Ltd [2022] EWHC 3356 (TCC), which is only the second substantive decision of the Court concerning cladding defects post-Grenfell after Mulalley & Co Ltd v Martlet Homes Ltd [8] [2022] EWCA 1813 (TCC).

An art, not a science: the Court’s approach to cost budgeting [10]

Broad brushstrokes rather than fine lines. Laura Bowler considers the recent decision of Associated Newspapers Ltd v Buckingham Group Contracting Ltd and the recent guidance from the Court in relation to cost budgets and hourly rates.

How the UK plans to remain a world leader in international arbitration [11]

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

Immediate payment obligation and entitlement to commence (or rely upon) a “true value” adjudication – clarity at last…? [13]

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.