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  • ISG Construction Ltd v English Architectural Glazing Ltd [2019] EWHC 3482 (TCC) [May 2020]

    Parties do not always go to court to recover money. As an example, a party may require a declaration from the court as to its contractual rights. Such declaration may be sought in, what are referred to as, Part 8 proceedings provided the question asked is unlikely to involve a substantial dispute of fact. Part 8 proceedings are generally less adversarial, more cost effective and more quickly resolved than Part 7 proceedings (used when a party wants to recover money).

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    19/05
  • C Spencer Ltd v MW High Tech Projects UK Ltd [2019] EWHC 2547 (TCC) [May 2020]

    The parties entered into a subcontract for works which were ‘construction operations’ within the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “1996 Act”). The subcontract was a hybrid contract in that it also provided for works which were not ‘construction operations’.

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    19/05
  • MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC) [May 2020]

    The claimant started an adjudication in relation to a dispute concerning an invoice. In the notice of adjudication, the claimant referred to the responding party in the defendant’s trading name, rather than the actual company name. The defendant questioned the notice and the adjudicator’s jurisdiction. The adjudicator considered that the trading name could reasonably be construed to be the defendant.

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    19/05
  • The Impact of Coronavirus on Construction and Engineering Projects [20 March 2020]

    It does not appear as if the Coronavirus situation will resolve itself any time soon and it is almost inevitable that construction and engineering projects, both current and prospective, will be delayed or disrupted to some degree. If your project is affected, the starting point is to check the contract.

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    20/03
  • Do liquidated damages apply following termination of a construction contract? Well, it depends… [May 2019]

    Construction contracts often include a liquidated damages (“LD”) clause in which the parties agree the financial consequences of the contractor’s delay. Typically, those clauses require the contractor to pay a pre-determined amount (often calculated on a daily or weekly basis) to the employer in the event the contractor fails to achieve completion as required by the contract by the contractual completion date. In doing so, the employer does not have to demonstrate its actual loss (or indeed any loss) resulting from the delay and, instead, deducts LD calculated at the pre-determined rate. The benefit to the contractor of an LD provision is that he is able to quantify his liability in the event of delay.

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    20/05
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