Authors: Juli Lau and Amy Brown Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time…
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125 OBS (NOMINEES 1) v LEND LEASE CONSTRUCTION (EUROPE) LTD & OTHERS [2017] EWHC 25 (TCC)
Background When panes of glass started to fall from 125 Old Broad Street onto the pavement in the heart of the City of London, it was clear that something had gone wrong with the recent refurbishment of that building. The refurbishment works took place between 2006 and 2008 under a design and build contract. Lend…
Continue readingCostain Limited v Tarmac Holdings Limited [2017] EWHC 319 (TCC)
“This is an application by the defendant to stay these proceedings pursuant to section 9(1) of the Arbitration Act 1996 (“the 1996 Act”). However, that bland description does not accurately convey the plethora of issues and sub-issues which have arisen between the parties arising out of and connected with the stay application” (paragraph 1). The…
Continue readingSSE Generation Ltd v Hochtief Solutions AG [2016] CSOH 177
Background On 29 June 2009, the Queen opened the Glendoe Hydro Electric Scheme (the “Scheme”) near Loch Ness in Scotland. The 5 mile tunnel which was constructed between 2006 and 2008 had an estimated lifespan of 75 years and was designed to generate electricity for approximately 20% of the year. By August 2009, the Scheme…
Continue readingNewsflash: Supreme Court decision to have ramifications for the entire construction industry
A Supreme Court case that was decided yesterday will have ramifications for the entire construction industry. We have prepared the following summary:
Continue readingCase report – Kilker Projects v Rob Purton (t/a Richwood Interiors) [2016] EWHC 2616 (TCC)
This recent court decision provides welcome protection to construction clients through the ability of an adjudicator to consider the value (in the absence of the appropriate notices) of final payment applications.
Continue readingCase Report – Lulu Construction Limited v Mulalley & Co Limited [2016] EWHC 1852 (TCC)
Sharpe Pritchard’s construction team considers this recent High Court case which may herald an increase in successful parties to an adjudication attempting to claim their costs.
Continue readingExtension of time – differing approaches under standard form construction contracts
Standard form construction contracts always include a mechanism for assessing whether and how the time for completion of works should be extended. An extension of time must be granted where a certain type of delay occurs. Justin Mendelle and Uzma Raja explain how these are dealt with in different ways under the JCT and NEC…
Continue readingArticle on ‘Adjudication: Beware ambush or smash and grab’ published in Local Government Lawyer
Justin Mendelle, partner and head of construction law at Sharpe Pritchard has had an article published in the Local Government Lawyer – Dispute Resolution 2016. Dispute Resolution 2016 is the latest in a series of research reports conducted by Local Government Lawyer to identify and analyse the challenges ahead for local authorities dealing with disputes….
Continue readingArticle on ‘Payment provisions of the Construction Act’ published in Construction Law Review
The Construction Law Review, published by the Chartered Institution of Civil Engineering Surveyors, is an annual publication containing legal articles and updates from senior professionals in the field of construction law. Edwina’s article, ‘Could the payment provisions of the Construction Act displace capped payment sums set out in letters of intent?’, looks at the amendments…
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