There has been much written about (and cautioned against) the use of letters of intent over the years. It is perhaps a testament to the attention letters of intent have been given that the courts have seen very few cases recently where the parties are governed, or said to be governed, by them.
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Public sector construction contract adjudication – beware ambush or smash and grab!
Since 2013, the construction industry has been steadily climbing out of the recession, with employment in the sector reaching 2.11 million in the middle of 2015 after growth of 9.5% to £103 billion for the year 2014.
Continue readingCase report: Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd [2016] EWCA Civ 396
In this analysis of a recent case with far-reaching implications for the construction industry, Sharpe Pritchard warns that a variation clause purporting to exclude variations other than those in writing, is not automatically enforceable and will be looked at on a case by case basis.
Continue readingAdjudication Society publishes report on development of adjudication
A recent report published by the Adjudication Society, Report No.14, presents ‘research analysis of the development of adjudication based on returned questionnaires from adjudicator nominating bodies (ANBs) and from a sample of adjudicators.’
Continue readingCase report: Apcoa Parking (UK) Limited v Crosslands Properties Limited [2016] CSOH 63
Background Crosslands Properties Limited (Crosslands) was the owner of a multi-storey car park located in Dunfermline that was renovated in 2002. Apcoa Parking (UK) Limited (Apcoa) was the occupier of the car park. The multi-storey car park was in disrepair after the waterproof coating on the top deck had failed and the concrete had broken…
Continue readingCase report: Carillion Construction Ltd v Woods Bagot Europe Ltd and others [2016] EWHC 905 (TCC)
Background Carillion Construction Limited (Carillion), a contractor, entered into a JCT standard form building contract with contractor’s design with Rolls Development UK Ltd (Rolls) in June 2007, for the construction of the High Court’s Rolls Building in London. The building contract contained typical provisions for the extension of time and liquidated damages in the event…
Continue readingCase report: Lukoil Mid-East Ltd v Barclays Bank plc [2016] EWHC 166 (TCC)
Background Lukoil, an oil and gas company, entered into an agreement with Baker Hughes Asia Pacific Limited in 2011 to drill and complete 23 production wells in an oil field in South East Iraq. The estimated contract price was $142,300,680. As security for the performance of the contract, Baker Hughes provided an on-demand bank guarantee,…
Continue readingConstruction case update: Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWHC 168 (TCC)
Background Grove Developments Ltd employed Balfour Beatty to design and build a hotel and serviced apartments. The completion date was 22 July 2015 but the work had still not been completed by the hearing date.
Continue readingNew brochure on our adjudication services
Sharpe Pritchard is unique in offering a dedicated unit specialising exclusively in the adjudication of construction disputes. You can now learn more about our experience and services in adjudication law by downloading our new brochure.
Continue readingConstruction case update: Harding (t/a MJ Harding Contractors) v Paice and another [2015] EWCA Civ 1231
The case of Harding (t/a MJ Harding Contractors) v Paice and another [2015] EWCA Civ 1231 confirms the difference of approach between final accounts and interim payments.
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