i-law

Building Law Monthly

Informa Law resumes the print and distribution of Building Law Monthly

Following the temporary halt to our normal print and distribution of Building Law Monthly due to the coronavirus pandemic, Informa Law is pleased to confirm that the hard-copy publication will begin to be distributed again from 1 January 2021...
Online Published Date:  16 October 2020

Arbitral tribunal entitled to conclude that parties had entered into a binding agreement not to bring further proceedings

In Daewoo Shipbuilding and Marine Engineering Co Ltd v Songa Office Equinox Ltd [2020] EWHC 2353 (TCC) Jefford J held that the claimants were not entitled to challenge an arbitral award under either s68 or s69 of the Arbitration Act 1996. The..
Online Published Date:  19 October 2020

Adjudication and insolvency continued

In John Doyle Construction Ltd (in liquidation) v Erith Contractors Ltd [2020] EWHC 2451 (TCC) Fraser J held that the claimant, which had entered into a creditors’ voluntary liquidation, was not entitled to enforce the decision of an adjudicator in..
Online Published Date:  19 October 2020

Application for actions to be tried together refused

In Stonewater Ltd v BAM Construction Ltd and Stonewater Ltd v RPS Design Ltd [2020] EWHC 2226 (TCC) O’Farrell J rejected the claimant’s application for two separate actions to be tried together. Although there was a substantial degree of overlap..
Online Published Date:  19 October 2020

Part 8 not appropriate to determine nature, scope and extent of common law duty of care

In RSK Environment Ltd v Hexagon Housing Association Ltd [2020] EWHC 2049 (TCC) O’Farrell J held that the claimant was not entitled to a declaration that, to the extent that it owed a common law duty of care to the defendant in respect of a ground..
Online Published Date:  19 October 2020

Sequencing the notice of adjudication and the request for the appointment of an adjudicator

In Lane End Developments Construction Ltd v Kingstone Civil Engineering Ltd [2020] EWHC 2338 (TCC) HH Judge Halliwell, sitting as a judge of the High Court, held that an adjudicator did not have jurisdiction to decide a dispute which had been..
Online Published Date:  19 October 2020

Termination of contracts and insolvency

It has been common practice for parties to construction contracts to include in their contract a term which entitles a party to terminate the contract between them in the event that either party enters into an insolvency procedure. As a result of..
Online Published Date:  22 October 2020

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