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Adjudications – court considers whether referring parties can commence multiple narrowly defined adjudications at the same time
Posted: 19/11/2024
Without the agreement of the parties, a single adjudicator can only decide a single dispute at a time. It is open to the referring party to define that dispute narrowly, such as a dispute concerning a single variation; or widely, potentially concerning the entire final account. However, what if a referring party commences multiple, narrowly defined......>>
Late Payment of Commercial Debts (Interest) Act 1998 – the rate of statutory interest
Posted: 17/10/2024
The generous rate of statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998, at 8% above the base rate, is a valuable/penal legal remedy. It takes care to calculate correctly, and appears to have been misapplied in the recent Technology & Construction Court case of A&V Building Solution Limited v J&B Hopkins Limited......>>
Court holds that provision of ‘partial’ counsel’s advice to adjudicator did not amount to fraudulent misrepresentation
Posted: 11/09/2024
The deployment of advice from a barrister within an adjudication is a common tactic, often in an attempt to add ‘weight’ to a party’s submissions before the adjudicator. However, what if a party only provided the ‘good parts’ of the advice; would this be acceptable? This was one of the points considered in Henry Construction Projects Limited......>>
Terminating for breach of progress obligations – key questions
Posted: 14/08/2024
This article considers the questions that commonly arise when considering a termination under a construction contract for breach of a contractor’s, or subcontractor’s, progress obligations. What types of progress obligations are there? Often there will be an obligation to complete by a date (or dates), with a mechanism to adjust this. In the absence......>>
Supreme Court rewinds law on collateral warranties: Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP
Posted: 01/08/2024
The Supreme Court has handed down judgment in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP [2024] UKSC 23; a long-awaited case in which it has considered whether a collateral warranty can be a ‘construction contract’ within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA)......>>

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Construction alert - July 2018
In this issue: On 12 July 2018 members of the Penningtons Manches construction and infrastructure team held a workshop with clients to discuss the current state of the law in respect of, among other things, the legal requirements for applications for payment, payment notices and payless notices under construction contracts.

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