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Interpreting ‘days’ and ‘months’ in construction contracts: a summary
Posted: 10/03/2025
The correct calculation of time periods under a construction contract is crucial. A miscalculation by even a day could result in a contractor’s legitimate claim being refused by an employer due to lateness, or an employer being forced to pay an application which, in any view, is overvalued. The calculation of time periods is also fundamental to......>>
Riedweg v HCC International Insurance PLC – Contribution Act claims by liability insurers
Posted: 20/02/2025
With construction industry insolvencies remaining at a stubbornly high level, the judgment in Riedweg v HCC International Insurance PLC [2024] EWHC 2805 (Ch) is an important one for liability insurers facing direct claims against them under The Third Parties (Rights against Insurers) Act 2010 (‘TPRAIA’) following their insured contractor......>>
Deliberate concealment and cladding claims
Posted: 19/02/2025
In the adjudication giving rise to the court’s decision in BDW Trading Ltd v Ardmore Construction Ltd [2024] EWHC 3235 (TCC), the adjudicator was asked to (and did) find that the main contractor, Ardmore, had deliberately omitted cavity barriers and concealed this fact. This issue arose because the developer, BDW, was seeking a......>>
FRAEW and fire safety assessments: where do responsible entities go from here?
Posted: 19/02/2025
The suspension of Adam Kiziak of Tri Fire has led to a greater willingness of building owners, managing agents and RMCs (together, ‘responsible entities’) to question the efficacy of the assessments they receive from ‘pledge developers’. It is now widely known that Adam Kiziak was suspended following a ‘failure to uphold the reputation and......>>
Building liability orders: piercing the corporate veil and current judicial guidance
Posted: 08/01/2025
One of the most significant remedies in relation to defective premises under the Building Safety Act 2022 (BSA) was the introduction of building liability orders (BLOs). A BLO is purported to be a solution for parties in construction litigation seeking to obtain redress from a responsible party in circumstances where the relevant assets may sit elsewhere......>>
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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