- December 15, 2020
Developments following Ground Developments… or not
Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet … Continue reading Developments following Ground Developments… or not →
- November 12, 2020
Pre-referral directions: mind the gap
Here’s a situation that arose recently in an adjudication where I acted for the responding party. It is a helpful reminder of how strict the adjudication time limits are, and the restrictions upon an adjudicator’s ability to change them without agreement from both parties.
- August 19, 2019
Insolvency proceedings, guarantees and contractual pre-conditions
If you are considering commencing insolvency proceedings against another party, do ensure that they actually owe you a debt before you do so. This point is so obvious that it barely needs stating. However, Martin v McLaren Construction Ltd serves as an example of how things can go badly wrong if it is not double-checked.
- July 4, 2018
Losing out on loss of bargain when terminating in reliance upon contractual rights
In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event … Continue reading Losing out on loss of bargain when terminating in reliance upon contractual rights →