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  • Article

    Baltimore Wharf SLP v Ballymore Properties Ltd

    Baltimore was the owner of a mixed-use development near Crossharbour DLR station on the Isle of Dogs that had been developed by Ballymore and completed during 2010.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Can a Losing Party in an Adjudication Withhold Payment on the Basis That it Expects to Recover an Equivalent or Larger Sum in a Subsequent Adjudication?

    Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd was an adjudication enforcement case heard before Mr Justice Jackson. The parties were engaged on works to refurbish and strengthen the Tinsley viaduct. Disputes arose and there were a series of adjudications carried out in accordance with the CIC Model Adjudication procedure.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Can You Use An Experts’ Joint Statement Prepared For The Purposes Of Mediation During Subsequent Legal Proceedings?

    In the case of Aird & Aird v Prime Meridian Ltd, the dispute between the two parties was stayed to mediation. In order to assist the mediation process, the Court ordered that the parties’ architectural experts should meet on a without prejudice basis and prepare a statement of issues upon which they are agreed and not agreed. This is not uncommon. The Court Order followed the typical format of CPR 35.12. The experts duly met and a joint statement was produced.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Conclusivity Of Final Certificates And Adjudication

    In the case of University of Brighton v Dovehouse Interiors Ltd, [2014] EWCA 940 (TCC), the Hon Mrs Justice Carr DBE had to consider issues relating to the "Conclusiveness" of a Final Certificate where Notice of Adjudication refers to the wrong Adjudicator Nominating Body and was served on the wrong address.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    HNW Lending Ltd v Lawrence

    HNW was claiming possession of a property and monies advanced to Ms Lawrence pursuant to a Loan Agreement in the sum of £1.5 million.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    John Sisk & Son Limited v Capital And Centric (Rose) Limited

    On 20 May 2022, C&C entered into a contract with Sisk for the design and construction of a residential and retail redevelopment at Weir Mill...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Recovery Of Third-Party Funding Costs In Arbitration

    The right of a successful party to his costs in arbitrations governed by the UK 1996 Arbitration Act is provided by sections 59–65.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Service of Notices: Can You Service a Contract Notice by Fax?

    The case of Construction Partnership UK Ltd v Leek Developments Ltd provides useful practical guidance as to how you can serve notices. This can often be of crucial importance. For example, here the question for the Judge was whether service by fax of a default notice was adequate or not. If it was not, then the subsequent termination of the contract would have been invalid.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    WH Holding Ltd v E20 Stadium LLP

    Under a Concession Agreement dated 22 March 2013, E20 granted WH rights to use the London Olympic Stadium during the football season as a home ground for West Ham United, a football club wholly owned by WH.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Working With BIM Under The FIDIC Form

    At a packed International Contract Users' Conference held in London on 5–6 December 2017, FIDIC finally unveiled the second edition of the 1999 Rainbow Suite, Red, Yellow and Silver Books.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Recognition Of "Without Prejudice" In The UAE

    The Dubai local onshore courts recently recognised and upheld the "without prejudice" principle, a principle previously not recognised. This marks a significant development to the approach taken...
    United Arab EmiratesLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Third-Party Agreements: A Contractor's Perspective

    There are potentially many issues lurking within the third-party agreements which may be foisted on to contractors.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Premier Modular Ltd v Maidstone And Tunbridge Wells NHS Trust

    A construction adjudication case examines whether an adjudicator breached natural justice by determining a compensation event based on contractual provisions neither party argued. The Trust challenged enforcement of a £1.6 million decision, claiming the adjudicator decided the dispute on grounds the parties never had opportunity to address.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    UK Supreme Court Finds That Collateral Warranties Are Not A Construction Contract

    The Supreme Court in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2024] UKSC 23 ruled that most collateral warranties are not "construction contracts" under the Housing Grants Construction and Regeneration Act 1996. This decision, reversing the Court of Appeal, clarifies that collateral warranties typically do not confer statutory adjudication rights unless they contain distinct obligations to perform construction operations beyond the primary building contract.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    2024 Construction Adjudication In The United Kingdom Report

    The 2024 King's College London research into UK adjudication reveals a record 9% rise in referrals, RICS' market dominance, and stark gender disparities among adjudicators, prompting calls for systemic change.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Belong (Construction) Limited v Seddon Construction Limited

    When a Pre-Construction Services Agreement (PCSA) is executed before a main construction contract, what happens to obligations and liabilities from the PCSA once the main contract takes effect?
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Caledonia Water Alliance v Electrosteel Casting (UK) Ltd

    In Caledonia Water vs. Electrosteel, the court upheld that Scottish Water's framework governed the contractual terms, overriding each party's standard terms. Despite Electrosteel's T&Cs, Scottish law applied due to a mutual understanding of reliance on Scottish Water's framework terms.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Inflation And Adjustment For Changes In Cost In FIDIC Red And Yellow Books

    Very high levels of inflation caused by COVID-19 and the war in Ukraine have led to construction price increases across the world.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    International Quarterly - Issue 42, 2026

    This issue of International Quarterly explores force majeure under FIDIC, recent case law, updates to the UAE Civil Code and the key updates to the global offshore wind sector. The publication examines critical developments in international arbitration and project disputes, providing insights into evolving legal frameworks and practical implications for construction and infrastructure projects.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Thomas Barnes & Sons Plc (In Administration) v Blackburn With Darwen Borough Council

    Thomas Barnes & Sons plc (‘TBS') was a family company owned by two brothers, Thomas Barnes and Brian Barnes. During 2014 TBS entered into a contract...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP

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