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The TCC has held that an adjudicator had jurisdiction to determine a dispute even though the parties had deleted some of the adjudication provisions from their contract.
Construction adjudication: time out download
What is the limitation period for challenging an adjudicator’s decision? And what does this mean for the ‘winner’?
The “complete failure of consideration” case.
Including defences to a ‘smash and grab’ adjudication?, applications being too early, and ‘You never told me that this was an application.’...
…as part of the Government’s grand plan to boost productivity.
Limiting a planning permission download
…and the role of conditions...
Also, alternatives to an agreed contract must make commercial sense.
Three tech court cases dealing with jurisdiction issues, the time limits for correcting clerical errors and agreeing to make an adjudicator’s award binding.
Some interesting recent Technology and Construction Court cases that provide clarification on adjudication procedures and rules.
The draft Construction (Design and Management) Regulations 2015 are in the process of being approved by Parliament. This briefing highlights the key changes.
In February the Court for the first time granted a partial stay due to the paying party’s financial difficulties. This was considered to be a rare case but it is likely that we will now see parties seeking to persuade the Court that their circumstances also merit a partial stay.
The Infrastructure Act is intended to boost investment in development projects. The practical and commercial implications of the new measures are wideranging.
Section 106 Agreements between developers and local planning authorities outlining obligations in relation to new developments are currently subject to statutory time limits at the negotiation stage.
While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.
Case update: a chattel or a fixture? download
The degree and object of annexation were the key principles for the High Court to consider in the recent case of Lictor Anstalt v Mir Steel UK Ltd and Libala Ltd.
No, the starting point is that a loss of profit may be either a direct or indirect loss.
What do you do if you can’t serve documents on the other side in the usual way, either because you can’t find them or because they are being difficult about accepting documents?
It is not uncommon for parties to want to include the terms of one contract, such as a framework agreement, into the terms of another contract, such as a sub-contract.
While there is no clear statutory definition of a highway, at common law a highway is a route along which people can pass and re-pass at all times as frequently as they wish.
This is a question that the courts have been asked to consider several times over the last few years and has been raised again in the case of Bluewater Energy Services BV v Mercon Steel Structures BV.