Make your mind up! Liquidated Damages clause upheld despite Employer’s challenge

In the recent case of Eco World Ballymore (EWB) v Dobler[1] , an Employer took the unusual position of challenging their own entitlement to liquidated damages (LDs) on the ground that the LDs provision constituted an unenforceable penalty clause. Applying the penalty clause test as set out in Cavendish Square Holdings v Makdessi[2] , the TCC judge upheld

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Are Collateral Warranties Construction Contracts? Timing is Key.

The recently decided case of Toppan v Simply[1] has provided guidance on when collateral warranties may be considered “construction contracts” under the Housing Grants, Construction and Regeneration Act 1996 (the Act) and so give the warranty holder the right to adjudicate.

Background

Simply was engaged in 2015 under a JCT Design and Build Contract to construct a care

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Liquidated Damages and Termination

On 16 July 2021, the Supreme Court handed down its long-awaited judgment in the case of Triple Point Technology vs PTT Public Company Limited[1].  This important decision for the construction industry has confirmed the accepted position that while liquidated damages (LDs) cease to accrue on termination any accrued rights to LDs survive termination.

As a reminder, LDs are

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NEC4 Facilities Management Contracts Published

Introduction

Following the pre-publication of the FMC and FMS in February (as discussed here), the NEC has now published its entire suite of facilities management (FM) contracts tailored specifically to the needs of Clients looking to appoint a service provider to manage and provide FM services. The suite includes the:

  • Facilities Management Contract (FMC);
  • Facilities
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Case summary: Prater v Sisk [2021] EWHC 1113 (TCC)

The recently decided case of Prater v Sisk confirms that an Adjudicator’s decision is enforceable in circumstances where it is based (in part) on a previously decided decision, which the defendant alleges was made without jurisdiction. It also provides helpful commentary on the broad definition of dispute and interpretation of NEC3 Option W2 with regards to multiple adjudication referrals.

Background

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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 was engaged to provide design

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