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Case review 30/10/2020
In one of the most significant decisions dealing with the interplay between insolvency and adjudication since the Supreme Court judgment in Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited [17.06.20], the Technology and Construction Court considered John Doyle Construction Limited’s application for summary judgment to enforce an adjudicator’s decision.
This update includes a round-up of recent court decisions dealing with arguments of manifest injustice in enforcement proceedings, retention, adjudication procedure and further consideration of the interplay between the insolvency and adjudication regimes.
Following our last two articles in our series regarding “modern methods of construction” , this article will focus on contractual issues to be considered when drafting contracts related to projects using MMC and in particular, off-site construction.
We are pleased to announce that the publication of the 2021 edition of The Legal 500 UK has seen us ranked as a ‘top-tier firm’ in nine practice areas.
In the second of our series of articles intended to introduce new users to the NEC (New Engineering Contract) suite of contracts, and with particular focus on its proposed use on the NRC Project in Peru, we explore the general principles of NEC design liability.
Case review 29/09/2020
The court was recently asked (RSK Environment Ltd v Hexagon Housing Association Ltd [30.07.20]) to determine, via the Part 8 procedure, whether the nature and scope of a consultant's duty of care in tort was limited by the terms of its appointment with a third party.
We built this city on increased checks and retrospective roles: a new regime for design and building in NSW
On 11 June 2020, the New South Wales Government enacted the Design and Building Practitioners Act 2020 (NSW) (the Act), conferring new obligations and duties on design practitioners, engineers and builders in a bid to reform the construction industry.
The world looks a little different since we wrote our introductory article about MMC back in March. Countries the world over have been significantly impacted by the novel coronavirus and have tried to prevent its spread through lockdown measures of varying degrees.
Case review 16/07/2020
Proceedings stayed by Head of the TCC due to “unreasonable and oppressive behaviour” by the claimant
Kennedys’ contentious construction team recently succeeded in being granted a stay of proceedings and security for costs in the Technology and Construction Court on behalf of the defendant, Donald Insall Associates (DIA) in which DIA was represented by Paul Cowan of 4 New Square.
There is no escaping the negative impact of the COVID-19 pandemic on the construction industry in Latin America, both on existing projects and future potential. Each government in Latin America has taken the precautions it has deemed necessary.