Advance JV and others v Enisca Ltd [2022] EWHC 1152 was heard in the TCC in May 2022. The case involved the consideration of the validity of a pay less notice issued by Advance to Enisca. The pay less notice was questionable mainly because it referred to multiple payment notices. The Judge found in the case that the pay less
The decision from Scotland from the Outer House Court of Session in Van Oord (the pursuer) v Dragados (the defender) considers whether there was a breach of natural justice when the adjudicator reached his decision. A breach of natural justice can take many forms – for instance, each party must be given a fair opportunity to present its case, any
In our previous article in this series, we looked at the Response and further submissions made by the parties in the adjudication.
In this article we focus on the adjudicator’s control of the process leading to a decision.
What powers does the adjudicator have to control procedure in the adjudication?
By section 108 of the Construction Act 1996 a
Following the publication of a consultative draft in April 2022 (as previously reported in our blog), the New Engineering Contract (NEC) published on 26 July 2022 the secondary Option X29 (Climate Change) clause that can be incorporated across the suite of NEC4 main contract and main subcontract forms ranging from the Design and Build Contract to the Professional Services
By Deborah Down, Legal Director at Sharpe Pritchard
The Building Safety Act 2022 (BSA) received Royal Assent in April 2022. The BSA focuses on the safety of ‘higher-risk buildings’ from design stage through to management once occupied, including through raising construction standards generally. It also contains provisions on service charges payable by leaseholders for cladding etc. It is the government’s
Facts
In this case, the manager of a block of apartments, Orchard Plaza Management Company Ltd (“Orchard”), had been assigned the benefit of a collateral warranty which the developer of an apartment block, Balfour Beatty Regional Construction Ltd (“Balfour Beatty”), had originally granted
