M anor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) Summary of the case This case concerns a construction dispute that went to adjudication and the subsequent claim for breach of natural justice arising from the adjudicator’s...

This was the question before the court in the case of Northumbrian Water Ltd v Doosan Enpure Ltd and another [2022] EWHC 2881 (TCC). This case involved an application by the claimant, Northumbrian Water Ltd (NWL), against the defendant joint venture (the...

This article is written for family businesses who are in the middle of a dispute and where swift action is required. If your business is going through a dispute but it is not yet at this stage, you may benefit from reading “ Mediation, arbitration...

The Building Safety Act 2022 (BSA), which received Royal Assent on 28 April this year, introduced measures that place additional burdens on residential developers. The Act aims not to make life more difficult for developers, but to make dwellings safer,...

The Grenfell Tower fire has resulted in reviews and consultations that aim to increase safety in dwellings, particularly in high-rise flats. On 28 April 2022, the Building Safety Act 2022 (“BSA”) received Royal Assent; it makes significant...

I work with a number of property development clients who take different approaches to development finance. As a consequence, I’m frequently asked to review the terms of finance arrangements to ensure that my client understands the legal implications...

When it comes to challenging an adjudicator’s decision, the losing party’s options are limited; they will either need to show that the adjudicator had no jurisdiction to make the decision or that there was a material breach of the rules of...

Health and safety is an obvious concern across all industries. It’s of particular importance within the construction sector, given the scope of work and nature of activities undertaken, and, in particular, the associated risks that naturally...

In the event the HSE elects to proceed with enforcement action by way of prosecution against the company (and/or directors) for alleged breaches then the charge(s) are usually by virtue of:  failing to comply with the general overarching duties...

The judgment Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC)   highlights key issues that a building contractor and a homeowner should consider at the procurement stage, including: 1.   Appoint independent professionals You should appoint...

As an Associate Solicitor specialising in dispute resolution and construction law, I am often instructed to advise on disputes between homeowners and building contractors.  The tension between the parties usually escalates, resulting in either the...

I was once asked to assist a client to draft the construction contracts for a number of projects they were undertaking. I asked them when they were intending to start the building works on the different projects, only to be informed that the building works...

Adjudication has been successful in overcoming problems previously associated with resolving construction disputes, which largely focused on the holding up of cash flow and the time taken to resolve matters.  Adjudication has proven to be a popular,...

The case of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd has developed through the courts for nearly two years. The key issue to determine in this case is whether two statutory regimes, namely the adjudication of...

Many forms of contract state that contractors or subcontractors who receive instructions orally rather than in writing will not be paid for the work they do as a result.  Formal contracts often contain a procedure that says any oral instructions...

As everyone is now well aware, following the correct valuation process for payments due under a construction contract is critical.  If you fail to follow the correct procedure then the paying party can often end up having to pay monies that it does not...

The Construction (Design and Management) Regulations 2015 (CDM2015) came into effect on 6 April 2015.  These make significant changes to the CDM Regulations and apply to all construction projects in Great Britain.  Transitional arrangements apply...

Strange as it may seem, the fact that you have not been paid does not mean that you are automatically entitled to stop working.  If an unpaid party to a contract simply leaves site they could be facing serious consequences.  They will be in...

It has generally been thought that landowners will not be liable for damage caused to neighbouring properties by the roots of their trees unless they are aware of the possibility that such damage is being caused and fail to act.  However, in the recent...

Knowing who you are contracting with should be simple.  However, on many occasions the identity of contracting parties is far from clear.  In recent months there have been a number of cases highlighting the importance of this issue.  Although...

Often, it can be difficult to identify contracting parties.  For example, when negotiating with a developer that is a holding company but uses special purpose vehicles for each individual development.  Alternatively, there may be different...

The recently decided case of Walter Lilly & Company Limited v Giles Patrick Cyril MacKay has clarified a number of issues relating to extensions of time, loss and expense, and global claims.  Some of these clarifications were just a restatement of...

A project manager has recently been found liable for their employer’s losses caused by not ensuring that a contract was completed for a construction project.  This was decided in the case    of Ampleforth Abbey Trust v Turner &...

Construction contract disputes can be resolved in many different ways, including negotiation, litigation, adjudication, mediation and various forms of other Alternative Dispute Resolution (ADR). But the major form of dispute resolution missing from this list...