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Posted February 16, 2023 | Published in Dispute resolution

TCC decision reaffirms difficulties in defending fire safety and defects claims [1]

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 [2] [2022] EWCA 1813 (TCC).

Read more [1]
Ben Smith [3] | 0 comments [1]
Posted December 7, 2022 | Published in Dispute resolution

An art, not a science: the Court’s approach to cost budgeting [4]

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. 

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Laura Bowler [5] | 0 comments [4]
Posted November 2, 2022 | Published in Dispute resolution

How the UK plans to remain a world leader in international arbitration [6]

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

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Adele Parsons [7] | 0 comments [6]
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…? [8]

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.

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Matthew Simson [9] | 0 comments [8]
Posted September 30, 2022 | Published in Contracts & documentation

Insolvency of the main contractor: 15 top considerations for the employer [10]

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. 

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Martin Ewen [11] | 0 comments [10]
Posted August 2, 2022 | Published in General

The Building Safety Act: significant changes since the Bill [2]

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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[12] | 0 comments [2]
Posted July 1, 2022 | Published in Dispute resolution

Collateral Warranties: Are They Simply Construction Contracts? [13]

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.

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Ruth Leake Ruth Leake [14] | 0 comments [13]
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Links
[1] https://www.fenwickelliott.com/blog/dispute-resolution/tcc-decision-reaffirms-difficulties-defending-fire-safety-and-defects-claims [2] https://www.fenwickelliott.com/blog/health-safety/building-safety-act-changes [3] https://www.fenwickelliott.com/team/smith-b [4] https://www.fenwickelliott.com/blog/dispute-resolution/cost-budgeting-court-proceedings [5] https://www.fenwickelliott.com/team/bowler [6] https://www.fenwickelliott.com/blog/dispute-resolution/uk-plans-world-leader-international-arbitration [7] https://www.fenwickelliott.com/team/parsons [8] https://www.fenwickelliott.com/blog/dispute-resolution/true-value-adjudications [9] https://www.fenwickelliott.com/team/simson [10] https://www.fenwickelliott.com/blog/dispute-resolution/insolvency-main-contractor [11] https://www.fenwickelliott.com/team/ewen [12] https://www.fenwickelliott.com/node [13] https://www.fenwickelliott.com/blog/dispute-resolution/collateral-warranties [14] https://www.fenwickelliott.com/team/leake [15] https://www.fenwickelliott.com/print/blog?page=4