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Construction Newsletter - June 2024

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By Mark Roach, Sarah Davies, James Harrison, Alex Pattihis, Alphonso Sales, Harriet Hawkins, Kate Sabin, Connor Scott, Jason Liu, Samuel Preater & Daniel Walton


Published 26 June 2024


1. The latest developments under the Building Safety Act 2022 ("BSA") - Q2 2024

The following seeks to round up the latest Building Safety news since our March 2024 update.

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2. TCC guidance on Building Liability Orders in Willmott Dixon Construction Limited v Prater

In the recent case of Willmott Dixon Construction Limited v Prater & Ors [2024] EWHC 1190 (TCC), the TCC provided some helpful guidance in relation to Building Liability Orders ("BLO").

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3. What happens when you set two adjudicators' decisions against each other before the TCC?

Wordsworth Construction Management Ltd v Inivos Ltd T/A Health Spaces [2024] EWHC 617 (TCC)

This case involved two applications for summary enforcement of adjudicators' awards, arising under the same construction contract, unusually being set off against one another.

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4. Slipping Up: Adjudicator's Power Limits Clarified in MHL v. LJJ

The Technology and Construction Court ("TCC") ruled in the matter of McLaughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC) that an adjudicator misused the slip rule by altering a substantive part of his decision instead of merely correcting clerical errors. The Claimant, McLaughlin & Harvey Limited ("MHL") attempted to enforce an original decision of the adjudicator ("the Decision") from October 2023, but the subcontractor, LJJ Limited ("LJJ"), contested this, arguing that the revised Decision ("the revised Decision") issued on 4 November 2023 superseded it.

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5. Notice of Intention prevents Final Payment Notice becoming conclusive evidence of sums due to a sub-contractor

In Battersea Project Phase 2 Development Co Ltd v QFS Scaffolding Ltd [2024] EWHC 591 the Court rejected the contractor's Part 8 application seeking a declaration that its Final Payment Notice was conclusive evidence of the sums due between the parties. This in turn allowed the sub-contractor to enforce an adjudicator's decision determining the final sub-contract sum.

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6. A risk on costs for spreading yourself too thin?

It is often tempting when looking to resist enforcement of an adjudication to engage in every available defence. However, the danger of engaging in a number of applications in order to resist enforcement was highlighted in Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC).

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7. TCC's latest guidance on the use of Part 8 claims

In the recent case of ISG Retail Limited v FK Construction Limited [2024] EWHC 878 the Court determined ISG's Part 8 claim seeking declarations as to whether (i) a contractual term was a condition precedent; and (ii) FK was in breach of that term.

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8. Drafting lessons – a review of Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC)

This case concerns a dispute regarding the interpretation and application of a Tomlin Order between Dawnvale Cafe Components Ltd ("Dawnvale") and Hylgar Properties Ltd ("Hylgar"). The main issue was whether the Tomlin Order barred Hylgar from issuing further proceedings for additional losses to those claimed in an earlier adjudication, the enforcement of which was settled via a Tomlin Order.

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9. JCT design and build contract 2024 – The next chapter

The Joint Contracts Tribunal ("JCT") have commenced launching their suite of 2024 contracts starting off with the JCT Design & Build Contract ("DB Contract"). The JCT has built upon the 2016 version of the DB Contract, as opposed to a complete overhaul of the contents, with the main updates highlighted below:

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