Interpreting Practical Completion: University of Warwick v Balfour Beatty Group [2018] EWHC 3230 (TCC)

Background: The University of Warwick (Warwick) contracted Balfour Beatty Group Ltd (Balfour Beatty) under an amended JCT 2011 D&B to design and construct the National Automotive Innovation Centre (the Centre). The works were split into 4 sections. Balfour Beatty took possession of each of these sections on the 20 April 2015. However, the dates for…

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‘Living Wills’ – the answer to contractor financial instability?

What are Living Wills? In a speech to the Business Services Association at the end of 2018, Minister for the Cabinet Office, David Lidington made a number of announcements regarding the outsourcing of government contracts. The most notable of these announcement related to the creation of ‘living wills’ by a selection of government outsourcing suppliers….

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High Court awards damages against guarantor in GPP Big Field LLP v Solar EPC Solutions SL [2018] EWHC 2866

Background: GPP Big Field LLP (“GPP”) was the Employer to 5 Engineering, Procurement and Construction contracts (“EPC contracts”) to build solar plants in the UK. The Contractor, Prosolia UK Ltd, is currently insolvent and therefore GPP sued its parent company, Solar EPC Solutions SL (“Solar”) as guarantor in order to recover both liquidated damages (“LDs”)…

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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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Court of Appeal rescues Arcadis Consulting Ltd in Arcadis Consulting (UK) Ltd v AMEC [2018] EWCA Civ 2222

Background: AMEC BCS Ltd (“AMEC”) was a concrete sub-contractor on both the Wellcome Centre (“Project 1”) and Castlepoint car park (“Project 2”) construction projects. It engaged Arcadis Consulting (UK) Ltd (“Arcadis”) to carry out design work to both these projects. The parties first agreed terms in relation to Project 1 on 8 November 2001 (“the…

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Collateral warranty claim struck out in Swansea Stadium Management Company Ltd v City & County of Swansea [2018] EWHC 2192 (TCC)

Author: Juli Lau and Alexandra Bellis The second defendant, Interserve Construction Limited (Interserve) brought an application for summary judgment against the Claimant, Swansea Stadium Management Company Ltd (SSMC) in respect of striking out part of the SSMC’s claim on the basis that it had no real prospect of success, alternatively on the basis that the limitation…

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