WFW secures second success for Bester in TCC ruling7 February 2020
This latest victory follows on from WFW’s success in PBS Energo AS v Bester Generacion UK Ltd last year.
This latest victory follows on from WFW’s success in PBS Energo AS v Bester Generacion UK Ltd last year.
A key decision in the TCC provides a timely warning to parties to check how their hybrid contracts work and to clarify exactly what a construction operation is.
The new airport opens in 2026 and will be the largest international gateway in Australia by 2060. It is expected to support almost 28,000 jobs within five years of opening.
WFW was recognised for obtaining a landmark High Court ruling on the enforcement of adjudication decisions in cases of fraud in construction projects on behalf of Bester Generacion in the case of PBS Energo A.S. v Bester Generacion UK Limited
The English Technology and Construction Court has held that the operation of a pain/gain mechanism in an NEC3 Option C (target cost) form of contract was only to be applied once works had completed, and not on an interim basis.
Following a recent decision in the Technology & Construction Court, this article explores the trend towards looking at the substance of an adjudication notice over its form when ascertaining its validity.
This case is the first occasion in which the court has refused to order enforcement in such circumstances.
In a very significant decision handed down today, the English High Court has refused to enforce an adjudication decision on the basis that there was a properly arguable defence that the decision had been obtained by fraud. The case, in which WFW acted for the successful party, appears to be the first occasion on which the court has refused to order enforcement in such circumstances.
Will employers have a continued right to access BIM data when a dispute arises with a BIM co-ordinator?