Time after Time: Amey LG Ltd v Aggregate Industries UK Ltd [2019] EWHC 3488 (TCC)

Amey, the main contractor in relation to refurbishment works of Sheffield’s road network, engaged Aggregate as subcontractor to undertake surfacing, planning and civil engineering works. The court granted two declarations concerning the deadline for submitting a final statement under a subcontract and Aggregate’s right to refer interim payment disputes to adjudication. The subcontract provided that…

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Everwarm Ltd v BN Rendering Ltd [2019] EWHC 3060 (TCC)

The Scottish Government launched the Home Energy Efficiency Programme Area Based Scheme in 2014, aiming to increase funding of external wall insulation and consequently reduce fuel poverty in Scotland. Everwarm, a provider of energy efficiency advice, secured a great deal of work under the scheme and, in order to keep up with demand, outsourced a…

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Allocation of Risk

Continue at your own risk Construction projects involve a number of variables, each of which present risk– market forces, weather conditions, grounds conditions and workforce issues (to name a few favourites!) all of which can cause delays and/or impact on cost. It essential, therefore, for parties entering into a construction contract to: fully assess the…

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Data Protection in 2020

As we enter 2020, we consider what we expect to be on the data protection agenda this year. More fines from the ICO? In 2019, we saw the ICO issue two intentions to fine Marriott and British Airways in the sums of £99,200,396 and £183,390,000 respectively. Crucially, these are currently only intentions to fine and…

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The ICO has recently issued its draft direct marketing code of practice for public consultation.

The ICO has prepared the code of conduct as required by s122 of the Data Protection Act 2018 and the ICO anticipates that the final version will be finalised later this year. The draft code covers direct marketing messages, online advertising and selling data. In relation to direct marketing, the code reminds public sector bodies…

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Up first: Liquidated Damages

What we already know (or should know…) Liquidated and ascertained damages, otherwise known as ‘LADs’, are an agreed fixed sum which act to compensate the Employer if the Contractor is in default. In the context of construction contracts LADs apply to delay. If a Contractor fails to complete by the Date for Completion the fixed…

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