- November 23, 2018
Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy
Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of … Continue reading Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy →
- January 27, 2017
You can’t enforce against me – I’m appointing an administrator
In South Coast Construction Ltd v Iverson Road Ltd, the contractor obtained an adjudicator’s decision in its favour, awarding it nearly £900,000. The employer did not pay and so the contractor commenced enforcement proceedings in the normal way. What made this case different to a standard adjudication enforcement claim was the fact that the employer … Continue reading You can’t enforce against me – I’m appointing an administrator →
- November 30, 2016
Court of Appeal’s guidance on the Party Wall Act and basement construction
In Gray v Elite Town Management Ltd (unreported), the Court of Appeal considered a number of issues, including section 7(1) of the Party Wall Act 1996 in the context of a building owner’s basement works. The court concluded that there is no absolute obligation on party wall surveyors to authorise a design that causes the minimum of … Continue reading Court of Appeal’s guidance on the Party Wall Act and basement construction →
- December 5, 2014
Main contract adjudication provisions not incorporated into sub-contract
Edwards-Stuart J has recently held that main contract adjudication provisions were not incorporated into a sub-contract. As a result, the appointed adjudicator had jurisdiction to deal with the dispute over the non-payment of Inviron’s application for £643,283. Imtech Inviron v Loppingdale Plant Loppingdale was appointed under a framework agreement to carry out various infrastructure works at … Continue reading Main contract adjudication provisions not incorporated into sub-contract →
- September 11, 2014
If you get an order for indemnity costs, does your cost budget go out of the window?
A recent TCC decision potentially increases the significance of obtaining an order for indemnity costs. In Kellie v Wheatley & Lloyd Architects Ltd, the successful defendant sought to recover costs of over £166,000 despite having had its cost budget slashed from over £140,000 to £91,700. It sought to get around the effect of the cost … Continue reading If you get an order for indemnity costs, does your cost budget go out of the window? →
