Invalid payment notices and a requirement for genuine belief
For the first time, the TCC has provided guidance on the requirement in s.110A(2)(a) of the Construction Act that a payment notice must state the sum the payer “considers” to be due.
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When three become one: Claiming multiple debts in one adjudication
An important new decision from the English Technology and Construction Court shows how the courts are willing to adopt a common sense approach to assist parties owed money under construction contracts.
A surprising conclusion? The impact of the Notice of Completion of Making Good in the due date of final accounts when no defects have been notified under JCT contracts
The decision in CC Construction Ltd v Mincione is also a warning for adjudicators on the importance of considering carefully all defences raised by the parties.
English Courts continue to sympathise with claimants in fire safety related proceedings
In a recent case, the English Technology and Construction Court has provided important guidance on the approach it will take when exercising discretion to allow amendments to include new claims.
Having your cake and eating it: TCC finds Liquidated Damages not invalidated by employer taking over part of the works
In a recent case, the English TCC found that an employer was entitled to claim the full amount of liquidated damages payable upon contractor delay, even though they had taken partial possession of the contractor’s works.
Court confirms two-tier system for collateral warranties
This article examines the decision Toppan Holdings Limited and another v Simply Construct (UK) LLP where the UK’s TCC has provided guidance on whether collateral warranties given on construction projects are “construction contracts” and whether an adjudication can be brought under collateral warranties.
What works are ‘any works’? The case of Shepherd Construction v Drax Power
The operator of a large UK-based power station has successfully argued before the English Technology and Construction Court that it was entitled to withhold from retention for latter phases of work sums in respect of remedial works to earlier phases of that work.
Important new guidance on interpreting exclusion and limitation clauses
This article explores a recent TCC decision that has provided long overdue and important confirmation on how clauses excluding or restricting liability for breach should be interpreted.
Defective Cladding and Defective Claims: Naylor & Ors v Roamquest & Anor
In this article we discuss a recent UK TCC case in which the court considered an application to strike out parts of a cladding claim on the grounds that they were insufficiently particularised.