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Technology and Construction Court annual report 2017-18

I was intrigued by the TCC’s latest annual report which covers 2017 to 2018.  It reveals some fascinating trends in the rarefied world of this highly specialist court. What are people litigating about? Both the London TCC courts, county court...

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CVA? Don't have to pay!

In the recent decision of Indigo Projects London Ltd v Razin and another [2019] EWHC 1205 (TCC) , the Technology and Construction Court (TCC) has refused to enforce an adjudicator’s decision for payment after the Claimant entered into a company...

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When adjudication proceedings CAN (in very specific circumstances) apply to a construction contract with a residential occupier

Normally contracts with a residential occupier are exempt from the Scheme for Construction Contracts. This means that absent specific contractual terms a contractor cannot use adjudication in the event his employer unlawfully withholds payment. However, in ...

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Bid rigging - Don't do it

If you’re a contractor, let me know if the following situation is familiar to you. A prospective client has invited you to bid for a job, but due to existing commitments you don’t have the time or resources to do the calculations necessary to...

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When are email notices considered to have been received?

When it comes to payment provisions within construction contracts – timing is everything. The Construction Act was introduced, in part, to ensure that payments throughout the supply chain were made promptly, with the parties required to meet their...

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Failing to see the wood for the trees - how termination and liquidated damages provisions interact

With construction contracts it is not unknown for the parties to fail to see the wood for the trees, often viewing each clause separately rather than considering it as part of the contract as a whole. Even when the parties do so however, there are times...

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"I do not consider that this particularly ugly duckling can be turned into a swan" - What does it mean for a construction project to have the 'wow' factor?

It is not unusual in the construction industry to hear consultants make comments which are subjective in nature. Often these exaggerated statements are made to sell the consultant’s services and it is understood by many that these “mere...

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