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Can a VAT invoice trigger the final date for payment?

Peter Allen
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Paying parties often look at ways to delay or avoid having to make payment for work that has been carried out. A method increasingly seen is by saying that the final date for payment runs from the submission of a VAT invoice. However, in the case of Lidl...

Court's rare decision against enforcing the adjudicator's verdict

Suryen Nullatamby
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The recent Level 1 Raised Flooring Ltd v JM Construction (SW) Ltd 2023 case is a rare example of the court refusing to enforce an adjudicator’s decision. In this case, it was held that the adjudicator’s decision was not susceptible to...

Owners and developers have 30 years to bring a claim for defective premises

Peter Allen
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Some properties, mainly blocks of flats, have been built that are not fit for habitation. Defective cladding is a prime example of an issue that causes this and has been in the spotlight since the Grenfell Tower disaster. Many blocks of flats have had the...

Calculating time periods for termination notices in JCT contracts

Peter Allen
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I recently wrote about the “do’s and “don’t’s” when it comes to terminating a construction contract . Terminating a contract can have huge consequences. Furthermore, calculating time periods for termination notices in...

Construction project failure - getting termination right "do's and "don't's"

Peter Allen
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Construction projects are complex. Getting everything together is a huge task: the land, the funding, the planning and other permissions, the designs, the materials and the trades. All these elements will have to run seamlessly into each other if the...

Can a company in liquidation recover outstanding payments?

Perdeep Grewal
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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...

Adverse weather and construction contracts

Perdeep Grewal
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Strong winds, storms and even snow! This just sums up the adverse weather for the past fortnight. Many projects could be hindered or, at worst, even terminated. Considering the adverse weather, what should contractors do to ensure they do not fall behind on...