False starts – when to commence a true value adjudication – Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010 (TCC)
18 August 2023
Insight Hub
16 August 2023
Our associate Laura Campbell examines the key features and mechanisms for early warnings 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 Early Warning provisions reinforce this approach. What are the key features of…
Read more14 August 2023
The recent High Court case of Andrew Bellis v Sky House Construction Ltd provided clarity on termination provisions in JCT contracts, and specifically when a termination notice can be issued. Terminations always have tricky procedures, even if it is cut and dry that a contractor is in breach and a right to terminate has arisen….
Read more21 July 2023
Our partners Rachel Murray-Smith and Allan Owen examine the key features and implications of the Option X29 (Climate Change) clause in the NEC4 suite of contracts (the ‘Contracts’) which aims to enable users to reduce the climate change impact of the construction operations. What is the new Option X29 Clause? Option X29 was implemented principally…
Read more24 March 2023
Sharpe Pritchard has underscored its commitment to equal representation in the legal profession by signing the Equal Representation in Adjudication Pledge. Last autumn, the Centre for Construction Law & Dispute Resolution at King’s College London, in collaboration with The Adjudication Society, released the report ‘2022 Construction Adjudication in the United Kingdom: Tracing Trends and Guiding…
Read more21 February 2023
Since publication in June 2017, NEC has sought to keep its NEC4 contracts up to date by publishing sets of amendments in January 2019 and October 2022. The NEC has recently published a further set of amendments to the NEC4 suite of contracts following feedback and ongoing dialogue with industry users. A number of the…
Read more23 November 2022
New Engineering Contract (NEC) and the Construction Leadership Council (CLC) recently published joint guidance regarding retention payments under the NEC3 and NEC4 Engineering and Construction Contract (ECC) and Engineering and Construction Subcontract (ECS). Retentions – the Basics The purpose of contractual retention payments within the construction industry is to provide security against defective work…
Read more16 November 2022
This recent case concerned alleged fire safety and electrical engineering defects in the basement power plant of the Oncology Centre at St James’ University Hospital. The judgment found that the constructor contractor, Lendlease, appointed via a private finance initiative (PFI) was to pay the project company, Project Co, substantial damages for these defects. This case…
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