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  • Article

    Adjudication and Insolvency

    In the current economic climate, parties are increasingly looking to adjudicate their disputes. But what about when one of the parties concerned is insolvent. Can claims under Rule 4.90 of the Insolvency Rules 1986 be adjudicated?
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Appealing Arbitration Decisions

    There are only limited circumstances in which you can appeal against the decision of an arbitrator. The recent case of The Trustees of Edmund Stern Settlement v Levy [2007] EWHC 1187 (TCC), a decision of HHJ Coulson QC, provides useful guidance if you are contemplating either appealing a point of law or because you consider that there were serious irregularities.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Are Success Fees Reasonable Where The Claimant Is Insured And Has Been Fully Indemnified?

    Conditional Fee Agreements and particularly 100% success fees are becoming increasingly controversial in light of Lord Justice Jackson’s comments in his Costs Review.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Brexit means...?

    Amidst a spectrum of bold political promises, rhetoric and catchphrases, we now know exactly what Brexit means. The recent addition of "Brexit" to the Oxford English Dictionary is very simply defined as: "The withdrawal of the United Kingdom from the European Union". Yet, aside from its honorary inclusion into the English language, as Edward Colclough explains, much still remains uncertain about Brexit and its implications for the UK construction industry.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Can A Guarantee By Formed By A Series Of Email Exchanges?

    Golden Ocean Group Limited ("Golden Ocean") was a shipping company. The second defendant, Mr Salgaocar, was a majority shareholder in the first defendant, Salgaocar Mining Industries PVT Limited ("SMI").
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Can You Imply Good Faith Into Agreements Made Under English Law?

    Good faith might be a strange topic to find in contract corner, especially one written by an English lawyer.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Damages In Respect Of Defective Work, Loss Of Amenity, Distress And Inconvenience

    In the case of Harrison and Others v (1) Shepherd Homes Ltd, (2) National Housebuilding Council & (3) NHBC Building Control Services Ltd, [2011] EWHC 1811 (TCC), one of the issues, Mr Justice Ramsey had to consider was the proper measure of damages in respect of defects allegedly arising from defective and inadequate piled foundations.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Disclosing Without Prejudice Communications in Adjudication

    In the case of Ellis Building Contractors Ltd v Vincent Goldstein, [2011] EWHC 269 (TCC) Mr Justice Akenhead had to look at whether an adjudicator’s decision should be enforced given the disclosure of without prejudice material to the adjudicator during the course of the adjudication which, the employer alleged, gave rise to apparent bias against him.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Good Intentions, But Unintended Consequences?

    Letters of intent are commonly used within the Construction Industry as a way of starting work (such as procuring materials, preparing site and, in some cases, commencing work)...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Interpreting Ambiguities In Contract Documents

    In the case of RWE Npower Renewables Ltd v JN Bentley Ltd, [2013] EWHC 978 (TCC), JN Bentley Limited (‘Bentley’) was engaged by RWE Npower Renewables Limited (‘RWE’) to carry out civil engineering works at a hydro electric project in northern Scotland.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Interpreting Bonds & Guarantees

    In the case of Kookmin Bank v Rainy Sky SA & Others, [2011] UKSC 50, the Supreme Court had to consider whether to adopt a literal or common-sense interpretation of a bond.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Liability For CITB Industry Levy

    The case of "Construction Industry Training Board (aka CITB-Construction Skills) v Beacon Roofing Ltd", [2011] EWCA Civ 1203, concerned an appeal on the question of whether Beacon was still liable to pay the levy imposed by CITB in respect of members of Beacon’s workforce who were employed through a services company.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    MJS Projects (March) Ltd v RPS Consulting Services Ltd

    One of the issues that came before Kelly J was how to treat the expert evidence. The dispute related to whether certain deterioration and damage to drains was caused by RPS's design.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    National House Building Council v Peabody Trust

    The principal issue in this appeal concerned the proper construction of an NHBC insurance policy. The policy provided insurance cover to an employer ("Peabody") when they "have to pay more...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Ownership – Sub-Contractor’s Equipment – Removal Of Equipment From Site

    The case of Alstom Power Ltd v Somi Implanti, [2012] EWHC 2644 (TCC), concerned an application for declaratory relief relating to the ownership of a sub-contractor’s equipment that was brought to site in connection with the construction of a power station.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Project Bank Accounts: A UK—Australian Comparison

    How do governments ensure that fair payment practices in public sector construction contracts are promoted in a country’s construction industry?
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    RBH Building Contractors Ltd v James & Anor

    RBH sought the summary enforcement of a "smash and grab" adjudicator's decision in their favour of £665k. Mr and Mrs James said that the contract in question was a construction contract...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Potential Dangers of Extending Letters of Intent

    In his article, Letters of Intent: Principles and Pitfalls my colleague Matthew Needham-Laing concluded that in an ideal world, there would be no letters of intent.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication – Will the Courts Enforce a Decision Even if the Judge was of the View that the Adjudicator Should Have Dismissed Part of the Claim?

    The case of All In One Building & Refurbishments Limited v Makers UK Limited, came before His Honour Judge Wilcox. Makers were carrying out refurbishment work to flats in Northampton. They engaged All In One under a Sub-Contract dated 22 November 2004. In July 2005 Makers issued a notice of determination on the basis of lack of supervision or insufficient labour on site. All In One claimed that the contract had been repudiated by Makers and submitted a claim. The claim was referred to adjudic
    United KingdomStrategy
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Might The Absence Of A Contract Leave You With A Large Bill To Pay?

    HHJ Coulson QC in the recent case of Sydenhams (Timber Engineering) Ltd V CHG Holdings Ltd (2007) - [2007] EWHC 1129 (TCC), had to consider the contractual relations between a developer, contractor and timber engineer in order to establish who was liable to pay the timber engineer.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP

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