The Supreme Court decision in Bresco v Lonsdale (2020) – insolvency no bar to adjudication

This significant case addresses what was previously seen as a somewhat uneasy relationship between the adjudication regime for building disputes and the rule of insolvency law called insolvency set-off. Background Bresco and Lonsdale are electrical contractors. In 2014, Bresco carried out installation work for Lonsdale, and later that year Bresco ceased to attend the site….

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Case Summary: J&B Hopkins Ltd v Trant Engineering Ltd

The recent judgment of Mr Justice Fraser in this case has provided fresh evidence for the importance of complying with the notice requirements under a construction contract. Mr Justice Fraser considered the enforcement proceedings brought by the sub-contractor for summary judgment and the application by the contractor for a stay of execution at the same…

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Case summary: Drive (Edgware) Ltd v S&T (UK) Ltd [2019] EWHC 3139 (TCC)

The process for issuing notices is a well-known potential source of dispute for parties to a construction contract. More than ever, with most offices operating remotely, contractual notices are necessarily being sent by email. This judgment in the High Court shed light on some of the challenges presented by this method of service, and is…

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So what happens next….contractual arrangements post “lockdown” – Part 2

As the country takes its first tentative steps towards the new “normal” it is essential for contracting authorities to review the viability of their contractual arrangements and, most importantly, the interim provisions introduced in response to the Covid-19 pandemic. Consequently, now is the time to build upon the considerations contained in my previous blog on…

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Case summary – Fleixidig Ltd v M&M Contractors (Europe) Limited

This case has provided some useful guidance on the enforcement of an adjudicator’s decision outside of the jurisdiction defined by the contract. The court heard two interlinked disputes brought by the parties to the contract – a ‘jurisdiction application’ and an ‘enforcement application’. Background The respondent employer (M& M Contractors (Europe) Limited) was domiciled in…

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Guidance Notes for Construction Contracts – Procurement Policy Note 02/20

On 6 April 2020, the Cabinet Office published helpful guidance notes on the implementation of Procurement Policy Note 02/20 by contracting authorities in England in relation to existing works contracts. Options for Relief The guidance sets out a non-exhaustive list of different forms of relief that a contracting authority can agree with a supplier whose…

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