Net Zero Transition Plans in the UK Construction Industry
15 November 2022
Insight Hub
3 October 2022
Our articles in this series so far have explained the adjudication process from the start, looking first at where the statutory right to an adjudication originated from, with the penultimate article discussing hearings and adjudicators’ powers. In this concluding article, we turn our attention to the adjudicator’s decision; examining extensions, reasoning, and the slip rule….
Read more31 August 2022
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…
Read more31 August 2022
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…
Read more24 August 2022
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. Powers What powers does the adjudicator have to control procedure in the adjudication? By section 108 of…
Read more12 August 2022
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…
Read more28 June 2022
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…
Read more28 June 2022
Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) (“Orchard Plaza”) 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…
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