‘A group of 10 construction firms illegally colluded to rig bids for £150 million of major contracts, according to provisional findings by the UK competition watchdog.’
The Independent, 24th June 2022
Source: www.independent.co.uk
‘England and Wales are home to some of the world’s most celebrated independent schools. They provide life-changing opportunities and are seen by many as a passport to success.’
5SAH, 17th May 2022
Source: www.5sah.co.uk
‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’
Practical Law: Construction Blog, 4th May 2022
‘While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.’
Practical Law: Construction Blog, 11th April 2022
‘The case of Levi Solicitors LLP v Wilson and another considered the impact of contractor insolvency on debts owed to an employer under a JCT contract.
Significantly, the court helpfully clarified how the payment regime under JCT contracts operated in the context of insolvency. This blog takes a closer look at the case.’
Practical Law: Construction Blog, 6th April 2022
‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’
Falcon Chambers, March 2022
Source: www.falcon-chambers.com
‘On 28 February 2022, the Infrastructure and Projects Authority (IPA) published its latest guidance to contracting authorities (CAs) on preparing for PFI contract expiry. It provides practical guidance on managing expiry and service transition. We have previously written about the IPA’s earlier guidance and its PFI expiry health check report.’
Practical Law: Construction Blog, 23rd March 2022
‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’
Practical Law: Construction Blog, 18th March 2022
‘Mr Justice Foxton, who sits in the Commercial Court, has delivered a lecture in memory of Edmund King QC to a joint meeting of the London Common Law and Commercial Bar Association (COMBAR) and the Administrative Law Bar Association. Entitled “What did the French ever do for us? Historic and prospective French influences on English private law”, the speech addressed the influence of French legal writers and concepts on the development of English private law.’
Courts and Tribunals Judiciary, 14th March 2022
Source: www.judiciary.uk
‘Clare Mendelle and James Goldthorpe discuss how the insolvency of Farrar Construction leads to clarity from the Courts on dealing with an insolvent contractor under JCT.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
‘Despite the volumes of case law illustrating the dangers of not having a written contract when carrying out a construction project, it is still common practice, particularly for smaller domestic projects and in this current market where builders are in high demand, for parties not to have a formal contract. Nine times out of ten all will be absolutely fine: works will progress, any small issues will be amicably overcome between the parties, the project will complete and everyone will be satisfied with the result. But construction projects can be uncertain beasts. Every now and then, things won’t run so smoothly. There may be defects, delays, cost pressures, design changes, or any variety of unforeseen issues. This is when not having a written contract to fall back on can become a real problem. The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place.’
Practical Law: Construction Blog. 9th March 2022
‘An English High Court ruling in an insolvency case concerning a Joint Contracts Tribunal (JCT) Minor Works contract (2011) could apply to other standard form contracts in the same suite, a legal expert has said.’
OUT-LAW.com, 4th March 2022
Source: www.pinsentmasons.com
‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’
Practical Law: Construction Blog, 2nd March 2022
‘Gloucestershire County Council has started the procurement of a fully developed, off the shelf, cloud-based Legal Case Management System with Court Bundling System.’
Local Government Lawyer, 2nd March 2022
Source: www.localgovernmentlawyer.co.uk
‘The recent case of The Sky’s the Limit Transformation Ltd v Dr Mohammed Mirza [2022] outlines a judge’s view as to a way forward in resolving domestic building disputes in a time and cost effective manner.’
Mills & Reeve, 23rd February 2022
Source: www.mills-reeve.com
‘It is not the role of the courts to “re-write a bad bargain” between commercial parties, an English judge has said, in a dispute over the wording of an option agreement.’
OUT-LAW.com, 21st January 2022
Source: www.pinsentmasons.com
‘Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.’
Local Government Lawyer, 21st January 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’
The Independent, 18th January 2022
Source: www.independent.co.uk
‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’
Legal Futures, 17th January 2022
Source: www.legalfutures.co.uk
‘The title of my review of the last online FIDIC conference a year ago, FIDIC contracts – a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference had to convene online in December 2021 due to the current COVID-19 situation. It felt a bit more “down to business” than last year with no online networking platform between Zoom sessions, but instead included some excellent, hosted, breakout discussion rooms, which I thought was a great addition. I particularly enjoyed the very open (collaborative) discussion around the new FIDIC Collaborative Contract that is a work in progress. More of that below.’
Practical Law: Construction Blog, 11th January 2022
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