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construction-law

Weighing up the costs of adjudication and the associated risks

Weighing up the costs of adjudication and the associated risks

Introduction Construction adjudication was introduced by the government over 20 years ago to provide a swift and cost effective way of resolving construction disputes. It was intended that adjudication could avoid the costs risks and delay that inevitably occur with litigation or arbitration. The aim was to achieve this by a quick procedure which would [...]
Company in liquidation cannot commence adjudication claiming further sums are due

Company in liquidation cannot commence adjudication claiming further sums are due

In Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd [2018] EWHC 2043 (TCC), Fraser J in the Technology and Construction Court (TCC) decided that the right to adjudicate does not trump the Insolvency Rules. It is a significant ruling for the construction sector and insolvency practitioners. Fraser J in the TCC has held [...]

Dealing with Delay Claims

When the time comes to settle the final account contractors and subcontractors are often faced with counterclaims for delay damages. Before assuming that you must accept the deduction you should consider whether the delay claim is fundamentally flawed - they often are. Look at the following basic questions first: Is there an agreed completion date? [...]