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This is a decision from the Upper Tribunal ("UT") in an appeal against a remediation order made by the First-tier Tribunal ("FTT") under the Building Safety Act 2022.

Most contractors will, of course, be familiar with international commercial arbitration as a means of resolving their disputes, but where an employer is a national government or government entity...

In the recent decision of Matthew Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Limited, Mr Alexander Nissen QC (sitting as a Judge of the High Court) provides yet more reasons to be cautious ...

Construction practitioners will be well aware that there are two main grounds upon which it is possible to resist the enforcement of an adjudicator's decision: a jurisdictional challenge...

HHJ LLoyd QC in the case of Harmon CFEM Facades (UK) Limited v The Corporate Officer of the House of Commons [1999] EWHC TCC 199 observed that the principle of equal treatment of tenderers requires that all tenders comply with the tender conditions so as to ensure an objective comparison of the tenders submitted by the various tenderers

The Dubai International Finance Centre ("DIFC") Court of Appeal has recently handed down a judgment in which it considered issues such as notices as conditions precedent, limitation and good faith in the context of FIDIC Sub-Clauses 20.1 and 3.5.

As part of the review into civil litigation costs being carried out by Lord Justice Jackson, Nicholas Gould and Claire King lead a research project conducted by The Centre of Construction Law and Dispute Resolution, King’s College London and The Technology and Construction Court into the use of mediation in construction projects.

The Government is currently running two parallel consultations aimed at encouraging best practice in fair and prompt payment within the construction sector. These are as follows:

Since we last looked at payment at the end of 2014 there have been three important decisions which have cast further light on the approach to payment (and adjudication) that is being taken by the Technology and Construction Court. Galliford Try Building Limited v Estura Limited [2015] EWHC 412 (TCC) looks at how work should be valued where no payment notice, default payment notice, payless notice or final certificate has been issued; ..

This twenty-sixth issue of Insight looks at five key adjudication decisions that have been handed down by the courts over the past six months that have considered, amongst other issues, (i) running multiple disputes, (ii) resisting enforcement, (iii) resisting payment and (iv) having more than one bite of the cherry.

Target cost contract delivering benefits for both parties.

In December 2016, FIDIC presented a pre-release version of its second edition of Conditions of Contracts for Plant and Design Build ("the Proposed 2017 Yellow Book") which is due to be published during the course of 2017.

Last month we announced that we would be publishing a series of blogs and thought leadership pieces on the latest developments in building safety.

Construction contracts typically include clauses permitting the employer to instruct variations to the works. An employer may use the variations clause to vary the scope...

I was in Abu Dhabi on 28 February when the hostilities began across the region.1 Within hours of my arrival, airspace disruptions, attack interceptions...

A number of recent cases have arisen in relation to Bonds and Guarantees, and this paper sets out, by way of an update, those cases. In addition, a number of old cases are also included as a reference point.

In our sixth issue of Insight, we reported on the ! rst instance decision in Hackney Empire Ltd v Aviva Insurance UK Ltd1 which considered the issue of whether conduct in agreeing payments outside of the building contract was prejudicial to the bondsman such that the bondsman was discharged from liability.

The case here followed the hearing of CNO's application for summary enforcement dated 21 March 2024 of an adjudication decision dated 5 March 2024.