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Challenging conclusivity and “playing for time” under the JCT final account process
United Kingdom 24.04.2024
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...
When does the right to request a collateral warranty become time-barred?
United Kingdom 22.04.2024
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...
To decide or not to decide: burden of proof findings and subsequent adjudications
United Kingdom 16.04.2024
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....
Is notification of loss and expense under the JCT a condition precedent?
United Kingdom 04.04.2024
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 validity of complex adjudicator nomination procedures under the Construction Act
United Kingdom 19.03.2024
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...
Welcome amendment to the Construction Industry Scheme regulations as they relate to payments between landlord and tenants
United Kingdom 11.03.2024
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...
Pre-conditions to arbitration and the FIDIC 2nd Edition
International 01.03.2024
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...
Singapore High Court clarifies the lodgement period of adjudication applications
Singapour 28.02.2024
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...
The CBAM – what is it and how will it affect the market?
Europe 26.02.2024
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1 October...
Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15
United Kingdom 22.02.2024
The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010...

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

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

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

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

The validity of complex adjudicator nomination procedures under the Construction Act

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

Pre-conditions to arbitration and the FIDIC 2nd Edition

Singapore High Court clarifies the lodgement period of adjudication applications

The CBAM – what is it and how will it affect the market?

Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

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