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Related news & insights - Oliver Tyson
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......>>
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......>>
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......>>
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)......>>
Bellway Homes Limited v Surgo Limited, part two: private adjudicator panels and repayments on interim valuations
Posted: 28/03/2024
Bellway Homes Limited v Surgo Construction Ltd [2024] EWHC 269 (TCC) is the second judgment concerning disputes between Bellway and Surgo in as many months, and addresses some important points about adjudication. Bellway is the employer on a development near Newcastle. It engaged Surgo on a JCT Intermediate Building Contract......>>
‘Smash and grab’ and ‘true value’ arguments forming a single dispute: confirmation at last
Posted: 26/01/2024
Disputes concerning default payment applications are one of, if not the most, common type of dispute that is referred to in adjudication. When the notice of adjudication is given, seeking payment of a ‘notified sum’ (a so-called ‘smash and grab’ (S&G) claim), it is not uncommon for it to include a request asking the adjudicator to value the application......>>
Is it pointless to adjudicate outside of contractual payment processes?
Posted: 15/12/2023
Level 1 Raised Flooring Ltd (the claimant) had engaged JM Construction (SW) Ltd (the defendant) under the JCT Minor Works Contract, 2016 edition, to complete works to a property in East London. The relationship between the parties broke down and the claimant terminated the contract using its termination provisions. The claimant argued......>>
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