The recent case of Beck Interiors Ltd v Eros Limited [2024] EWHC 2084 (TCC) deals with adjudication in construction contracts and the right to apply for an Injunction to prevent adjudication proceedings.
In a landmark decision, the UK Supreme Court has restricted access to an alternative form of dispute resolution for deciding construction disputes that is quicker and cheaper than litigation. By narrowly interpreting the reference to “construction contract” at section 104 of the Housing Grants, Construction and Regeneration Act 1996, the Court has effectively confined statutory adjudication to the contracts under which the original works and services were performed.
In this article Ryland Ash and Jonathan Clarke highlight some potential issues that can arise when cross-claims are raised as a set-off defence in an adjudication.
We are looking forward to hosting our next event in our On Site Construction webinar series, ‘Summer 2024 Update’.
We are looking forward to hosting our next event in our On Site Construction webinar series, ‘Spring 2024 Update’.
A summary of new, important details that have been released on Thailand’s draft Security of Payment Act, which will introduce rapid resolution of payment disputes via adjudication to the Thai construction industry.
We start 2023 with decisions on refund guarantees in a shipbuilding dispute, a no assignment clause in an insurance context, damages for forged warehouse receipts, the enforceability of an adjudicator’s alternative finding and two start-up founders being found liable for fraudulent misrepresentation.
After a short break Commercial Disputes Weekly is back with decisions on demurrage, bribery, dispute resolution procedures and the importance of compliance with adjudication notice requirements.
This article considers Thailand’s draft bill to introduce adjudication proceedings for construction payment disputes, along with key points for both contractors and employers to consider.
Theresa specialises in contentious construction and works on complex, multi-party litigation and adjudication for both domestic and international clients investing and developing in the UK.