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Assessing delays under the NEC4 contract amends

The risk of delay is ever-present during the course of a building project. Whether due to cash flow difficulties, slow decision making, a lack of labour or severe weather – there are plenty of circumstances in which a contractor may fail to complete...

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S&T v Grove Development not going to the Supreme Court

In previous articles and at our annual case law review in April of this year, we discussed the importance of the Court of Appeal decision in S & T (UK) Limited v Grove Developments Limited [2018] and its impact on adjudications concerning the failure...

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There's no such thing as a free lunch - how about a nice cup of JCT instead?

“I was always brought up to have a cup of tea at halfway up a rock face”.  - Bear Grylls Construction projects are complicated things. Whatever you are building is probably unique, probably nobody has ever built anything exactly the same...

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HMRC delays introduction of VAT reverse charge to 1 October 2020 - a (temporary) relief for businesses

On 8 July and 22 August , we wrote in our blog about the imminent arrival of the new VAT reverse charge (originally due to be implemented on 1 October 2019) and concerns as to the widespread lack of awareness and preparedness in the industry.  As we...

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The Conflict Avoidance Coalition Steering Group has published its Conflict Avoidance Toolkit

“Conflict is inevitable but combat is optional” - Max Lucado There is no way around it, conflict is inherent within the construction industry and any attempt to erase it is deemed to failure. Badly handled, conflict can be an expensive, time...

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Retention - A Rocky Road to Change?

“ There are many roads to prosperity, but one must be taken. Inaction leads nowhere .” – Robert Zoellick Cash retentions in the construction industry have always been an area of intense discussion. While designed to encourage contractors...

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Countdown to chaos in the construction industry...Call to delay the introduction of the new Reverse Charge VAT rules

Last month I posted ‘ A quick guide to the new VAT reverse charge for building and construction services’ which gave a brief overview of the upcoming change to the way VAT is collected on certain supplies in the building and construction...

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Adjudication: the importance of names

“ A rose by any other name would smell as sweet ” - Romeo and Juliet, William Shakespeare While Shakespeare’s famous quote may hold true for some, when it comes to adjudication it is not an entirely accurate statement. When preparing a...

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Protect the birds and the bees! Government urges developers to do more to protect our British wildlife

Following increasing public interest and concern for the environment, the Government has published guidance on how developers can protect our natural environment and achieve important benefits for wildlife. The guidance, published last month, builds on the...

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How can we build beautiful?

“Beauty is truth, truth beauty, - that is all Ye know on earth, and all ye need to know” - Ode on a Grecian Urn, Keats I like to think that Keats was at a bit of a loose end one day and so he wandered aimlessly into the British Museum, when all...

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It's A Fair Cop Guv'nor - Slap on the Bracelets - Is this the end for smash and grab adjudication?

In the twenty or so years since the Construction Act came into force, few cases have generated quite so much excitement and debate as S&T (UK) Ltd –v- Grove Developments Ltd . This case is very exciting because it appears to sound the death knell...

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A quick guide to the new VAT domestic reverse charge for building and construction services taking effect from 1 October 2019

The way VAT is collected on certain supplies in the building and construction industry is about to undergo a major change. With effect from 1 October 2019, and in an effort to combat missing trader fraud, VAT registered recipients of construction services...

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Stevens & Bolton Construction Law Update 2019

Members of our Construction and Engineering team recently provided a construction law update which was captured on video. To view the video, please select the links below. Video timeline As the above video runs just over an hour, you may want to use...

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Adjudication - have we created a monster?

I beheld the wretch – the miserable monster whom I had created Mary Shelley, Frankenstein Some twenty years after its introduction, the adjudication halo is becoming tarnished. Originally hailed as a cheap, quick and flexible way to deal...

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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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