You Can’t Claim That! Court finds exclusion clauses work just like any other clause

Mott MacDonald Limited v Trant Engineering Limited [2021] EWHC 754 (TCC) The recent case of Mott MacDonald Limited v Trant Engineering Limited serves as a timely reminder that exclusion clauses in construction contracts can and do work and will be enforced by the courts to prevent what may otherwise be valid claims. Factual Background Motts…

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No Overlap Between Substance and Jurisdictional Issues

Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)] Case Background In this case Ex Novo sought to enforce an adjudicator’s decision in its favour. MPS Housing, resisting enforcement, argued that the adjudicator did not have jurisdiction because the adjudication reference related to multiple contracts and an adjudicator does not (without the parties’…

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Subcontract Held to Govern Works Commenced Before Execution

Balfour Beatty Regional Construction Limited v Van Elle Limited [2021] EWHC 794 (TCC) At issue in this case was which terms governed liability for works carried out prior to the execution of a contract. Case Background Balfour Beatty, the main contractor on a sub-sea cable manufacturing facility in Newcastle, engaged Van Elle as sub-contractor to…

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Jurisdiction Clauses & Enforcing Adjudication Decisions

Motacus Constructions Ltd v Paolo Castelli Spa [2021] EWHC 356 (TCC) This case confirms adjudication’s status as an interim-binding measure and reinforces its importance as a dispute resolution forum in the construction industry. Background This dispute concerned a contract for fitting-out works at the One Bishopsgate Plaza Hotel in London. While the works were to…

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Disallowed Costs, Definitions and Default

ABC Electrification Limited v Network Rail Infrastructure Limited [2020] EWCA Civ 1645 The recent case of ABC Electrification Limited v Network Infrastructure Limited saw legal practitioners jousting over the definition of a solitary word – namely, “default”. In this case regarding the scope of ‘Disallowed Costs’ in a common rail industry contract, the Court of…

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After the Deal: Three Key Takeaways from the Trade and Co-Operation Agreement

Introduction In the weeks leading up to Christmas 2020, a year of unprecedented challenges for the Construction Industry was threatening to end in crisis. With the ‘Transition Period’ coming to an end, the prospect of a ‘No Deal’ Brexit (in addition to the impact of new COVID-19 variants on travel and trade) contributed to scenes…

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