‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC)

‘Smash and grab’ adjudications, is the picture any clearer? – M Davenport Builders Limited v Greer and another [2019] EWHC 318 (TCC) Background The claimant, M Davenport Builders Limited, and the defendants Colin and Julia Greer had entered into a construction contract to which the Scheme for Construction Contracts applied, under the 1996 Construction Act,…

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No “philosopher’s stone”- Court of Appeal confirms TCC’s decision in Grove Developments Ltd v S&T (UK) Ltd [2018] EWCA Civ 2448

The Court of Appeal has upheld Coulson J’s (as he then was) decision in the TCC[i]. Background: Grove Developments Ltd (‘Grove’) engaged S&T (UK) Ltd (‘S&T’) to design and build a hotel. S&T completed these works several months after the Completion Date. After the works were practically complete but before certified, S&T submitted an interim…

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Can a lead consultant be responsible for works carried out by others? Midlothian Council v Bracewell Sterling Architects [2018] CSIH 21

Authors: Tola Odedoyin and Juli Lau This is a Scottish decision, which while not binding in England and Wales, provides insight into the interpretative approach the Court may take when faced with a similar situation in this jurisdiction. Background In 2004/2005, Midlothian Council (the “Council”) underwent a new social housing programme and appointed Bracewell Stirling…

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Recovering the cost of adjudication

Authors: Justin Mendelle and Tola Odedoyin Update After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it. The issue is how the Housing Grants, Construction…

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North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC)

Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time provision where the…

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