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Searching Content indexed under Construction & Planning by Cathy Moore ordered by Published Date Descending.
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The Court Of Appeal Considers Milestone Payments In Construction Contracts And The Requirement For An Adequate Payment Mechanism
In July 2018, we reported on the first instance decision in CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd [2018] in which the Technology and Construction Court (TCC)
UK
12 Sep 2019
2
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
UK
22 Jul 2019
3
Latest Court Of Appeal Decision On Practical Completion - Key Points
In 2018, we reported on the Technology and Construction Court judgment (TCC) in Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltd and (3) J.R. Pickstock Ltd
UK
17 Apr 2019
4
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
UK
9 Apr 2019
5
Insurers: Heightened Risk Of Non-Party Costs Orders - What You Need To Know
In Various Claimants v Giambrone & Law (a firm) and others [2019], a non-party costs order has been made against insurers, even though those insurers had largely ceded control over the defence to certain insureds.
UK
26 Mar 2019
6
Latest Payment Decision: Compliance With Immediate Payment Obligations Is (Almost Always) Required Before A True Value Adjudication
Following the important decisions in Grove last year, we review the latest judgment on payment and adjudications from the Technology and Construction Court (the TCC) in M Davenport Builders
UK
4 Mar 2019
7
Blowing Hot And Cold On The Jurisdiction Of An Adjudicator - Clearing The Mist?
In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC)
UK
5 Feb 2019
8
Practical Completion: The Gift That Keeps On Giving - An Update On The Latest Case Law
The achievement or certification of practical completion has significant consequences under a building contract; which will usually include a release of part of the retention monies, the employer taking possession of the works and the start of the defects liability period.
UK
28 Dec 2018
9
Court Of Appeal Confirms Grove Developments Limited v S&T (UK) Limited [2018] - Smash And Grab Adjudications Disappearing?
In February 2018, we reported on the important judgment in Grove Developments Limited v S&T (UK) Limited [2018].
UK
13 Nov 2018
10
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
UK
22 Aug 2018
11
Milestone Payments May Not Be An Adequate Payment Mechanism In Construction Contracts - What You Need To Know
Construction contracts as defined by the Housing Grants, Construction and Regeneration Act 1996 as amended (the Construction Act) must contain an adequate payment mechanism.
UK
26 Jul 2018
12
Adjudication Watch June 2018 - Caselaw Review And Update: What You Need To Know
In this latest 'Adjudication Watch' our construction team provides updates on significant adjudication decisions:
Canada
22 Jun 2018
13
Supreme Court Rules That A Contractual Term That Requires Modifications To Be In Writing Is Binding
Very often a contract contains a clause which states it may only be amended in writing. Such clauses are known as "No Oral Modification" or NOM clauses.
UK
22 May 2018
14
Limiting The Contractor's Design Liability Under NEC Wording: Does It Leave You Exposed?
In the Scottish decision of SSE Generation Limited v Hochtief Solutions AG [2018], a first instance decision has been overturned in part, holding the Contractor liable under NEC2 ...
UK
15 May 2018
15
Planning Consent: Implied Terms And Risk In A JCT Contract
On 16 March 2018, the CA handed down a decision in the case of Jean-Francois Clin v Walter Lilly & Co Ltd (2018) confirming that a term should be implied into a JCT form of contract providing for an obligation by...
UK
21 Mar 2018
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