i-law

Building Law Monthly

Conditions precedent and the contractual right to terminate

In Interserve Construction Ltd v Hitachi Zosen Inova AG [2017] EWHC 2633 (TCC) Jefford J held that the claimant was entitled to a declaration that the giving of notice to the claimant was a condition precedent to the exercise by the defendant of its..
Online Published Date:  21 December 2017

Relief from sanctions

In Freeborn v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) Coulson J held that the defendant was not required to make an application for relief from sanctions because it had complied with the time-frame set out in a letter sent to the..
Online Published Date:  21 December 2017

Adjudication and notices of intention to appoint an administrator

In South Coast Construction Ltd v Iverson Road Ltd [2017] EWHC 61 (TCC) Coulson J held that the claimant was entitled to continue with proceedings to enforce the decision of an adjudicator notwithstanding the fact that the defendant had issued a..
Online Published Date:  21 December 2017
Appeared in issue:  Vol 34 No 3 - 21 March 2017

Adjudication and notices of intention to appoint an administrator

In South Coast Construction Ltd v Iverson Road Ltd [2017] EWHC 61 (TCC) Coulson J held that the claimant was entitled to continue with proceedings to enforce the decision of an adjudicator notwithstanding the fact that the defendant had issued a..
Online Published Date:  21 December 2017

Indemnity, guarantee and contra proferentem

In Multiplex Construction Europe Ltd v Dunne [2017] EWHC 3073 (TCC) Fraser J held that the defendant was liable as the primary obligor (jointly and severally with another corporate defendant) to make payment of £4 million to the claimant. The..
Online Published Date:  21 December 2017

Extent of surveyor’s liability

In Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77 the Supreme Court held, allowing an appeal from the Court of Appeal (on which see our August/September 2016 issue pp 8–10), that the liability of the defendant surveyors was..
Online Published Date:  21 December 2017

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