The judgment of Mr Justice Griffiths in this case has provided some helpful guidelines as to the basis on which costs can be awarded on an indemnity basis to a successful party. It serves as a warning to parties seeking to avoid engaging in attempts to settle a dispute by Alternative Dispute Resolution (ADR). In…
Introduction Whilst the eyes of the world’s media focus on daily increases in the number of Coronavirus cases and the emergency measures being taken by national governments to combat its transmission, little attention has been paid to the impact of the virus on construction and commercial projects. Although the economic scale of the crisis is…
On 26th February 2020, the Competition and Markets Authority (‘CMA’) launched its ‘Cheating or Competing Campaign’, which targets a multitude of sectors, placing particular emphasis on construction companies, which are no strangers to action by the CMA. The aim of the campaign is to increase awareness of anti-competitive practices amongst businesses in addition to highlighting…
The final in our series of January refreshers looks at payment, specifically at the terms of the Construction Act, payment disputes, and what happens in the event of insolvency. The Construction Act The Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009 – better known…
Amey, the main contractor in relation to refurbishment works of Sheffield’s road network, engaged Aggregate as subcontractor to undertake surfacing, planning and civil engineering works. The court granted two declarations concerning the deadline for submitting a final statement under a subcontract and Aggregate’s right to refer interim payment disputes to adjudication. The subcontract provided that…
The Scottish Government launched the Home Energy Efficiency Programme Area Based Scheme in 2014, aiming to increase funding of external wall insulation and consequently reduce fuel poverty in Scotland. Everwarm, a provider of energy efficiency advice, secured a great deal of work under the scheme and, in order to keep up with demand, outsourced a…
