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Jumping to conclusions – Final Statements, liquidated damages and material breaches of natural justice – CC Construction Limited v Raffaele Mincione [2021] EWHC 2502 (TCC)

In enforcement proceedings, the court considered the role of the Notice of Completion of Making Good in the JCT in determining due dates for final payment, the conclusivity of the Final Statement, and whether the Adjudicator breached rules of natural justice in failing to consider a defence of set-off.

The Facts

Mr Mincione (the Employer) appointed CC Construction Limited

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Warm Feelings or Hot Air: The Heat and Buildings Strategy and Heat Networks

This week the government published its Heat and Buildings Strategy (Strategy). This contained vital innovations and essential step changes in terms of how heating is provided.

The scale of the challenge in terms of heating is considerable. According to the Heat and Buildings Strategy:

  • There are about 30 million buildings in the UK.
  • In total, these buildings are responsible for
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Bond, Performance Bond. Delivering Value for the Public Sector?

In this brief article, we examine whether public sector clients achieve value for money from the provision of performance bonds.

It is commonplace across the construction industry for an employer to procure a performance bond for construction works that it is undertaking. For local authorities, the default position is usually that such a bond must be delivered, regardless of the

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Not So Personal Messages: R. (on the application of Good Law Project Ltd) v Secretary of State for Health and Social Care and Abingdon Health Plc [2021] EWHC 2595 (TCC)

Facts

The Good Law Project Limited (the “GLP”) is challenging the direct award by the Secretary of State for Health and Social Care (the “SoS”) of three contracts for the production and supply of rapid Covid-19 antibody tests (the “Contracts”).

The Contracts were awarded in April, June and August 2020 but were only publicly

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Procurement reforms: update from Cabinet Office

The Government published its Post- Brexit Green Paper ‘Transforming Public Procurement’ on 15th December 2020 (as previously reported on our website), the stated policy aims being:

“To provide the UK with a modern, fit-for-purpose set of rules, to minimize the bureaucratic burden for contacting authorities and businesses, facilitate innovation and the participation of SMEs, and improve the

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Scenario Four: Insolvency – Termination and Beyond

The Employer instructed a Contractor to design and build a small multi-use community centre. The project started well but a quarter of the way through standards started to slip. The Clerk of Works and Employer’s Agent began to notice workmanship issues on site and a delay in certain activities being completed. The project is now halfway through, and it has

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