Construcción

Artículos Recientes

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  16/04/2024

  United Kingdom

  To decide or not to decide: burden of proof findings and subsequent adjudications

  A recent decision of the Scottish Court of Session has considered whether the failure to prove a delay damages claim in one adjudication prevented the claimant from renewing the claim in a subsequent adjudication. In finding that the claim could not be re-adjudicated, the Court sought to distinguish a previous TCC decision in England where a failure of proof did not prevent a subsequent adjudication on the same claim. The Court’s comments suggest that adjudicators might have the ability to avoid deciding a claim where burden of proof issues exist, effectively reserving the claim for a subsequent...

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  04/04/2024

  United Kingdom

  Is notification of loss and expense under the JCT a condition precedent?

  A recent decision of the Scottish Court of Session has considered whether the notification of a claim for loss and expense is a condition precedent under the 2016 edition of the JCT form. The wording of the loss and expense clause in the 2016 edition had changed from the 2011 edition and the Court’s upholding of a condition precedent provides important guidance on the new wording. A failure to adhere to the notification requirements can, as in this case, result in a contractor losing valuable rights to recover loss and expense, particularly where common law rights have been excluded.FES Ltd...

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  19/03/2024

  United Kingdom

  The validity of complex adjudicator nomination procedures under the Construction Act

  A recent TCC decision has considered the validity of a complex contractual adjudication procedure requiring nomination from a panel of adjudicators. The fact that the procedure had the potential to run beyond 7 days from the date of the adjudication notice did not result in its invalidity. The Court’s decision will be of importance to those drafting adjudication clauses and parties subject clauses with complex nomination provisions. Similar panel-based nomination procedures are very common in PFI contracts. The Court’s decision also makes important findings as to other issues arising...

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  11/03/2024

  United Kingdom

  Welcome amendment to the Construction Industry Scheme regulations as they relate to payments between landlord and tenants

  At the Autumn Statement 2023, the government announced amendments to the Income Tax (Construction Industry Scheme) Regulations 2005 (the Regulations), including removing certain payments between landlord and tenants from the scope of the Construction Industry Scheme (the CIS).Those amendments will come into force on 6 April 2024, having been laid before the House of Commons on 8 March 2024.What was the concern?The CIS was originally introduced to protect revenue in relation to the construction sector, with significant non-compliance suspected as a result of cash-in-hand payments. The CIS requires...

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  01/03/2024

  International

  Pre-conditions to arbitration and the FIDIC 2nd Edition

  Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings specified by the form. The narrower definition raises the potential for new jurisdictional objections to be made in DAAB or arbitration proceedings commenced without compliance with those pre-conditions. In this Law-Now, we consider recent developments in the approach taken to arbitral pre-conditions in a number of international jurisdictions, before considering the specific issues thrown...

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  28/02/2024

  Singapur

  Singapore High Court clarifies the lodgement period of adjudication applications

  HP Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd [2024] SGHC(A) 5The Appellate Division of the Singapore High Court has clarified when an adjudication application under the Building and Construction Industry Security of Payment Act 2004 (2020 Rev Ed) (the “SOPA”) should be lodged.In affirming the position established by the General Division of the Singapore High Court, the Appellate Division has clarified that the commencement of the seven-day period to file an adjudication application made under s 13(3)(a) of the SOPA excludes the day the entitlement arises...

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