- September 1, 2020
A tough (PI insurance) market: why it matters, and what parties can do about it
In the UK, the professional indemnity insurance (PII) market is hardening. It is becoming increasingly common to find that contractors and consultants do not hold (or are struggling to obtain) PII at the level and on the terms that were negotiated and agreed with their employers. At the same time: There has been a proliferation … Continue reading A tough (PI insurance) market: why it matters, and what parties can do about it →
- May 20, 2020
“Smash and grab” update: can an employer start a “true value” adjudication without first paying the notified sum?
Insofar as “smash and grab” disputes go, Broseley London Ltd v Prime Asset Management Ltd is simple and straightforward. However, the judgment touches upon an issue which is anything but straightforward: can an employer start a “true value” adjudication without first paying the notified sum? For those who are new to “smash and grab” practice, … Continue reading “Smash and grab” update: can an employer start a “true value” adjudication without first paying the notified sum? →
- March 6, 2019
Combustible cladding: early judicial guidance from the TCC
I read with interest Paul Bury’s blog, which touched on the case of Zagora Management Ltd v Zurich Insurance plc as it relates to claims against approved inspectors. I’m interested in the case for a different reason: it’s one of the first superior court decisions, post-Grenfell, that deals with the liability consequences of high-rise properties … Continue reading Combustible cladding: early judicial guidance from the TCC →
- April 4, 2018
The uncharted Grove: smash and grab practice following Grove v S&T
Coulson J’s decision in Grove Developments Ltd v S&T (UK) Ltd has triggered a great deal of commentary, including Jonathan Cope’s post, which I read with great interest. It got me thinking about what strategies an employer or contractor might adopt to counter a smash and grab adjudication, either pre-emptively or after the referral has landed.