Engie v MW High Tech Projects[1] is the latest in a long line of cases arising from the construction and/or operation of Energy from Waste (EfW) plants. In this case, O’Farrell J has ruled that adjudicators’ awards cannot be enforced due to an exclusion in the Construction Act in respect of power generation activities. The…
Author: Michael Comba The effect of the moratorium provisions of the Corporate Governance and Insolvency Act 2020 and adjudication. Insolvency, not COVID-19, is promising to be adjudication’s hot topic for 2020. Following the landmark judgment in Bresco, the recently passed Corporate Governance and Insolvency Act 2020 (the “Act”) raises yet more questions for when dealing…
Author(s): Juli Lau, Michael Comba Juli Lau, a Senior Associate at Sharpe Pritchard, and Michael Comba, Trainee Solicitor, have contributed an article to the 2020-21 edition of the Construction Law Review. Juli and Michael’s article, Navigating PFI contracts in 2020: managing PFI/PPP contracts in a crisis, considers how to manage PFI contracts in the aftermath…
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….
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…
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…
