Smash and grab and true value – Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 10 (TCC)
17 January 2024
Insight Hub
20 December 2023
Our associate, Michael Comba and paralegal, Shyann Sheehy examine key case law relating to the NEC suite of contracts, building on the topics explored by our colleagues in this series previously. How much case law is there? We are often asked why there is relatively limited case law on the NEC suite. Compared to…
Read more11 October 2023
Last month, Kort Egan presented a paper to the Society of Construction Law on “Smash and Grab” adjudications. These adjudications are common, and so we thought it would be useful to provide a summary of the paper. What Is a Smash and Grab Adjudication? A “smash and grab” adjudication is one where payment is sought…
Read more4 October 2023
Our Associate Melanie Blake and Junior Associate Sophie Drysdale examine the common reasons for disputes in construction projects and how Parties can use the NEC suite to avoid them. What is the NEC “spirit of mutual trust and co-operation”? NEC contracts are centered around the concept of continuous collaboration and mutual respect between the parties,…
Read more28 August 2023
Termination notices can be fraught with risk. One misstep and terminating parties can find themselves at risk of repudiating a contract themselves, even where the other party is in breach of contract. This case considered what happens where a terminating party first issues an invalid termination notice followed by a valid termination notice. Did the…
Read more25 August 2023
Those exposed to adjudications understand that a dispute can only be adjudicated upon once. That, together with the limited ability to challenge decisions, can indeed be the source of frustration for some parties. But what if one dispute overlaps with another and is adjudicated on separately? To what extent would a later adjudicator be bound…
Read more23 August 2023
Our associate Laura Campbell examines the key features and mechanisms for compensation events in the NEC4 Engineering and Construction Contract (the ‘NEC4 ECC’). This series has already emphasised that the NEC4 suite works on the basis of collaboration and pro-active contract management. The compensation event provisions reinforce this approach. What is a Compensation Event? Under…
Read more22 August 2023
Parties can often be surprised at the tight timescales in adjudication, with responding parties often only given 7 days to respond to a Referral. It is now almost standard for parties to seek extensions in the timetable, often pleading natural justice concerns to the adjudicator when requesting them. As adjudications become increasingly complex and higher…
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