Case Summary: J&B Hopkins Ltd v Trant Engineering Ltd

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…

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Case summary: Drive (Edgware) Ltd v S&T (UK) Ltd [2019] EWHC 3139 (TCC)

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…

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Case summary: DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) (20 March 2020)

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…

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‘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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