This was a complex tri-partite arrangement with Bondcare taking full control of Darrington’s operational care home business, and Target REIT taking over the real estate freeholds of five care homes.
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.
We discuss the newly clarified scope of the slip rule in the context of adjudication decisions. The briefing looks at the welcomed new scope of the rule and the consequences of using the rule to correct errors.
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