Construction

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  •  
    23/05/2024
    United Kingdom

    Merits now relevant in applications to stay adjudication decisions

    A recent decision from Northern Ireland has proposed a change in the law concerning stays of execution in relation to adjudication decisions by permitting a limited merits-based review as part of the discretion to grant a stay. The judgment proposes a merits-based review, firstly, as a threshold requirement for the granting of a stay and, secondly, so that any “clear views” of the merits can be weighed generally in the court’s discretion. Decisions are likely to follow from other UK courts as to whether to adopt this revised approach. In the meantime, the decision is likely to...
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  •  
    17/05/2024
    United Kingdom

    Built on sand: problems of risk allocation and collaboration in port development contracts

    Introduction The British Ports Association estimated in 2022 that there were £1.7bn of port projects in the pipeline, and investment in port infrastructure topped £1bn in 2021. There is pressure to deliver port upgrades to serve floating offshore wind projects (for which the UK is responsible for a fifth of the global pipeline), in addition to meeting the sector’s decarbonisation and environmental commitments, delivering modern infrastructure to facilitate international trade and growing regional economies. With that backdrop in mind, we consider some of the key contractual...
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  •  
    07/05/2024
    United Kingdom

    JCT 2024: a closer look

    The official launch of the JCT’s 2024 suite was held last week, focusing on the recently published Design and Build Contract, Sub-Contract and Guide. Updated contracts for the remainder of the suite are to follow over the course of this year. In this Law-Now, we take a detailed look at the new Design and Build Contract and the legal and market developments behind the changes made. We also explore the areas in which these developments have not been addressed.Modernisation, collaboration and sustainability  The JCT DB 2024 has given a firm nod to the Construction Playbook and calls for...
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  •  
    24/04/2024
    United Kingdom

    Challenging conclusivity and “playing for time” under the JCT final account process

    A recent TCC decision has considered the final account conclusivity provisions of the JCT form and the circumstances in which an adjudication commenced to preserve a challenge to the final account can be re-commenced without triggering conclusivity and losing the right to challenge the final account. In this case, the adjudication was re-commenced four months after it had initially lapsed, but was found not to have triggered conclusivity. The court’s judgment raises the prospect of parties “playing for time” by commencing adjudications and allowing them to lapse, however drafting...
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  •  
    22/04/2024
    United Kingdom

    When does the right to request a collateral warranty become time-barred?

    A recent decision of the Court of Session appears to be the first case in England or Scotland to consider when a right to request the delivery of a collateral warranty becomes time-barred. The Court found that the relevant prescription period started with the execution of the underlying contract, rather than the date on which the warranty was requested. This meant the right to receive a warranty became barred prior to the point at which rights under the warranty, had it been granted, would have prescribed. The gap between these two dates may be many years for large projects and may affect the package...
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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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