Monthly Archives: August 2022

REUTERS | Russell Cheyne
August 24, 2022

Cladding and fire safety: more reaction to Martlet v Mulalley

At the end of last month, Tom Coulson and Amy Armitage discussed the decision of Martlet Homes Ltd v Mulalley & Co Ltd, the first decision from the TCC on fire safety defects following the Grenfell Tower tragedy. This decision is highly significant for the construction industry, given the number of similar cases which are either progressing through the courts or at the pre-action stage. Although the judge emphasised the fact-specific nature of the dispute, this decision provided some insight on the court’s likely approach to some of the significant issues that affect cladding disputes.

This blog considers some of the key takeaways from that decision in further detail. Continue reading →

REUTERS | Hani Amara
August 17, 2022

TCC provides reminder of the meaning of paragraph 9(2) of the Scheme

I appreciate that some of you might be reading this blog on your summer holidays, so you may well have far better things to be doing with your time (ordering another piña colada perhaps?). I will therefore keep the blog short – what might be termed a “blogette”.

As one would expect over the summer break, there haven’t been many reported TCC cases recently and so the case I want to discuss today is from June, namely ML Hart Builders Ltd (in liquidation) v Swiss Cottage Properties Ltd, which is a judgment of Mr Roger Ter Haar QC sitting as a deputy High Court judge. Continue reading →

REUTERS |
August 15, 2022

Episode 13 of The Construction Briefing podcast

It’s that time of the month again and we have published episode 13 of our podcast, The Construction Briefing, featuring Michelle Rousell and Yassir Mahmood from the Practical Law Construction editorial team.

This month, they refer to a range of building safety developments, including Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC), which is the first judgment following a full trial of issues relating to building safety following the Grenfell Tower fire in 2017.

They also consider the judgments in:

  • Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC), which concerned remoteness of loss under a collateral warranty.
  • FTH Ltd v Varis Developments Ltd [2022] EWHC 1385 (TCC), where an adjudicator’s decision was not enforced due to the claimant’s CVA.
  • Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC), where an adjudicator’s decision was enforced and an application for a stay pending referral of the dispute to arbitration was rejected.

The Construction Briefing is an alternative way of learning about key developments in construction law, with our editorial team discussing some of the wider issues those developments raise.

You can subscribe wherever you get your podcasts (like Apple Podcasts, Google Podcasts and Spotify), enabling you to download and listen to all episodes on the go on your phone. Alternatively, you can use our audio and video RSS feed to access the latest edition as soon as it is published.

REUTERS | Eric Gaillard
August 10, 2022

NEC and notices of dissatisfaction

Getting the notice right is important for all construction contracts and NEC is no exception. Failing to issue a notice as required under the contract can have serious consequences and in NEC this is often an issue that arises in relation to the obligation to notify compensation events within an eight week period (clause 61.3 of NEC4 ECC). Another key issue arises in respect of the obligation to issue a notice of dissatisfaction within 28 days of an adjudicator’s decision, as a failure to do so will mean that such decision becomes final and binding, and cannot be challenged by referring it to the tribunal (clause W2.4(1) of NEC4 ECC).

Three recent decisions have considered notices of dissatisfaction under NEC, highlighting the importance of getting it right. Continue reading →

REUTERS | REUTERS/Eric Gaillard
August 3, 2022

Some reflections on the new world order

In the Business and Property Courts (B&PCs), Practice Direction (PD) 57AC has applied to all trial witness statements signed since 6 April 2021. The commencement date of the Disclosure Pilot Scheme (under PD 51U), was 1 January 2019. However, it has been approved and will become permanent from 1 October 2022 (under PD 57AD).

I want to share a few reflections, based on recent experience, around how the rules in these two Practice Directions can interact at trial. Continue reading →

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