Building Law Monthly

Informa Law resumes the print and distribution of Building Law Monthly

Online Published Date : 16 October 2020 | Appeared in issue: Vol 37 No 08 - 24 August 2020

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...

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

Online Published Date : 19 October 2020 | Appeared in issue: Vol 37 No 09 - 19 October 2020

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..

Adjudication and insolvency continued

Online Published Date : 19 October 2020 | Appeared in issue: Vol 37 No 09 - 19 October 2020

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..

Application for actions to be tried together refused

Online Published Date : 19 October 2020 | Appeared in issue: Vol 37 No 09 - 19 October 2020

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..

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

Online Published Date : 19 October 2020 | Appeared in issue: Vol 37 No 09 - 19 October 2020

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..

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

Online Published Date : 19 October 2020 | Appeared in issue: Vol 37 No 09 - 19 October 2020

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..

Termination of contracts and insolvency

Online Published Date : 22 October 2020 | Appeared in issue: Vol 37 No 09 - 19 October 2020

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..