Unravelling judgments – fraud and the courts
Most people will be familiar with the mantra that “fraud unravels all” and that judgments obtained by deploying fraudulent evidence will not be allowed to stand. This was recently put to the test by a 7-member panel in the Supreme Court case of Takhar v Gracefield Developments Limited and others  UKSC 13.
Sorting out the final account
Experienced employers and their advisers will know that a project that is all finished apart from the main contractor’s final account is not finished at all. Discussions on the final account can drag on for months or years.
Discontinuance Costs in Arbitration Appeals
Sections 67 – 69 of the Arbitration Act 1996 (the Act) provide the bases on which an arbitral award may be appealed. In all cases, the bar to a successful challenge is very high. Who pays the costs of the litigation if the appeal is discontinued?
An Exercise in Futility
A party on the receiving end of an adjudication is usually in a difficult position. Its situation is only made worse if the referring party is insolvent.
The money stays where it is
Adjudication decisions – avoiding enforcement where the money may disappear
The new Infrastructure Conditions of Contract (ICC) Target Cost Version
In terms of risk, target cost contracts lie between lump sum contracts where the contractor takes most of the risk, and cost-reimbursable contracts, where the contractor is paid its costs plus a fee.
The prevention principle and time at large
Contractors often argue that, because of an employer's interference or act of prevention, the position under a contract is that time has become at large.
(Nearly) the end of smash and grab adjudications
Where an employer has failed to serve a payment or pay less notice, it is still entitled to have an interim payment valued subsequently, in adjudication.
NEC4 - Problems for Employers?
Construction partner Ian Yule looks at the New Engineering Contract 4 and how it will manage the allocation of risk for employers and project managers.
Assessing costs under the New Engineering Contract
Ian Yule, Construction partner at Shoosmiths LLP, discusses forecasts and assessments under the New Engineering Contract (NEC).
Don't slip up when challenging a decision
The 'slip rule' contained in section 108(3A) of the Construction Act allows either party to ask an adjudicator to correct his decision so as to remove a clerical or typographical error arising by accident or omission.
The Increasing use of estoppel in Construction Disputes
Construction partner, Ian Yule, discusses the increasing use of estoppel in construction disputes.
To what extent can a party to an adjudication object to the other side running the same or similar points to those previously decided?
Construction (Design & Management) Regulations 2015
The CDM Regulations are the principal regulations for managing health, safety & welfare of construction projects and apply to everyone involved in construction and development projects. The new 2015 regulations are due to come into force on 6 April 2015.
Set-off in construction contracts
Managing cash flow is of the utmost importance to parties at all levels in the construction supply chain. One way of seeking to manage cash flow is to use the right of set-off and including a contractual set-off clause can provide significant benefits.
'Good faith' revisited
Historically, the English courts have been reluctant to recognise a general doctrine of 'good faith' in the performance of contractual obligations, and there is no generally applicable legal definition of the concept.
New Part L of the Building Regulations: Clarifying compliance
The Department for Communities and Local Government has published amendments to Part L of Schedule 1 to the Building Regulations 2010 - and the transitional provisions give rise to a hidden trap for developers entering into development agreements..
Job's a good'un!
Is a contractor obliged to charge an objectively reasonable rate or price where no rate or price is specified in a building contract?
Real estate: What's on the horizon for 2014 and beyond?
We take a look at the changes that anyone working in real estate can expect to see in 2014.
Saving defective notices: when a non-specific letter can be a termination notice
In Vivergo Fuels Limited v Redhall Engineering Solutions Limited, the Technology and Construction Court found that a letter could constitute a valid notice notifying a breach even if it did not expressly refer to the relevant contractual provisions.
Failing to proceed with due diligence: Can this constitute a repudiatory breach of a building contract?
The Technology and Construction Court examined this issue in Sabic UK Petrochemicals Limited v Punj Lloyd Ltd and Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd, and found in each case that it was not a repudiatory breach on the facts of the case.
Site Waste Management Plans revoked in England
The Government has acted on its plan to revoke Site Waste Management Plans (SWMPs) in England, with effect from the 1 December 2013.
Assignment and novation in construction and engineering projects
It is important to understand the difference between assignment and novation when engaging in construction and engineering projects.
'Proceed with due diligence': What does it mean in construction contracts and development agreements?
The Technology and Construction Court examined this issue in a recent case - Sabic UK Petrochemicals Limited v Punj Lloyd Limited - and found that the contractor was in breach of the obligation.
Competition law compliance: OFT investigates construction training services sector
The Office of Fair Trading (OFT) has launched an investigation into suspected anti-competitive conduct concerning provision of training services to the construction industry.
Adjudicator not entitled to fees for unenforceable decision
Following a recent Court of Appeal decision, adjudicators must take more care to ensure that their decisions are enforceable.
Changes to the Construction Act: implications for construction contracts
On 1 October 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 will come into force. The changes will apply to any construction contract entered into on or after that date.
New payment regime in construction contracts
An employer must serve a valid withholding notice if it wishes to avoid paying a sum due under a construction contract. Recent changes to the law now mean that failure to serve valid notices may have a detrimental impact on an employer's cash flow.
Without prejudice material in adjudication: Apparent bias
The Technology and Construction Court has reiterated the consequences of parties including 'without prejudice' letters in adjudication proceedings - which may even lead to unenforceable decisions.