ESG and the NEC4 Optional Climate Change Clause (X29) – The Green Option By Mark Roach If ESG principles are not already high on the agenda in the boardroom of construction companies…
2023 – Looking Ahead in Construction By Mark Roach 2022 brought both predicted and unpredictable challenges but what lies ahead for the construction…
Bravejoin Company Ltd v Prosperity Moseley Street Ltd [2021] EWHC 3598 (TCC) (13 Dec 2021) By Mark Roach, This case is a helpful reminder to employers and sub-contractors as to the crystallisation of…
Court of Appeal guidance regarding “pure omissions” claims for professional negligence By Mark Roach, The Court of Appeal has recently handed down the decision in Rushbond plc v The JS Design…
When is there a subcontract? By Mark Roach, In the recent decision in Changing Climates Limited v Warmaway Limited [2021] EWHC 3117 (TCC) …
John Graham v Technicas Reunidas UK Ltd - Importance of earlier adjudicators’ decisions / arbitrators’ awards? By Mark Roach, This case involved an application by John Graham Construction Limited (“John Graham”) for summary…
Full rate of LADs applicable even when employer takes possession of part By Mark Roach, In Eco World – Ballymore Embassy Gardens Company Limited v Dobler UK Ltd [2021] EWHC 2207…
Requirement to adjudicate first under the NEC contracts By Mark Roach, A recent decision of the Scottish Courts in Greater Glasgow Health Board v Multiplex…
Three into one: multiple payment applications deemed a single dispute By Mark Roach Executive Summary 1…
John Doyle Construction Limited (In Liquidation) v Erith Contractors Limited [2021] WLR(D) 516] By Mark Roach, Overview This Court of Appeal case follows the much reported Bresco [1] , Meadowside [2] and…
Mansion Place Ltd v Fox Industrial Services Ltd - Parties are bound by “hands free” verbal agreement to forego liquidated damages By Mark Roach, Summary: In a recent judgment on 12 November 2021, Mr Justice Eyre held that under a JCT Design…
Construction (Retentions Abolition) Bill 2021-22 By Mark Roach, It is widely considered that withholding money owed to a contractor, until all work is completed to…
Construction Risks Newsletter - December 2020 By Mark Roach, There is a clear theme in this quarter’s newsletter - enforcement of an adjudicator’s decision…
Successful use of manifest injustice to resist enforcement of an adjudicator’s decision By , Mark Roach This is a useful case, which illustrates, potentially a further way to resist enforcement…
A warning to the users of Letters of Intent By , Mark Roach In an effort to preserve the integrity and purpose of the adjudication process as an expedient…
The ‘correction’ principle cannot be used to resist enforcement of an adjudicator’s decision By , Mark Roach The case of J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC) is another…
Dickie & Moore Ltd v McLeish & Others [2020] CSIH 38: The Trilogy By , Mark Roach This case, although from Scotland provides a useful review of the law on severance in England &…
Applying Bresco: Security at the Forefront By , Mark Roach As reported in our August Construction Risks Newsletter , the Supreme Court handed down its…
Construction Risks Newsletter - August 2020 By Mark Roach, DAC Beachcroft's Construction Risks Newsletter features topical issues in construction Welcome to…
Valley Brook Investments: A further broadening of professionals’ duties? By Mark Roach, In Valley Brooks Investments (1) & Andrew Mines (2) v Huam Limited [2020] the Court…
Kew Holdings Ltd v Donald Insall Associates Ltd: There’s no arguing until you pay-up By Mark Roach, This case confirmed that the Claimant’s proceedings be stayed until it paid sums due pursuant to an…
Novel argument failed to prevent enforcement of an adjudicator’s decision By Mark Roach, In WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC) the court…
Construction adjudication is not incompatible with the insolvency process By Mark Roach, The highly anticipated Supreme Court decision in Bresco Electrical Services Ltd (in Liquidation)…
The construction sector’s road to recovery will be sign-posted by the three “Rs” By Mark Roach, The first tentative steps are now being taken to ease the lockdown restrictions imposed on the…
Construction Risks Newsletter - April 2020 By Mark Roach, Rebecca Austin In Blackpool Borough Council v Volkerfitzpatrick Limited [2020] the Court refused the Defendant’s…
The impact of COVID-19 on the construction industry: adapting to change in these extraordinary times By Mark Roach The construction industry is used to dealing with difficult times and adapting to change…
Coronavirus Act 2020 – Implications for the Construction Industry – Part 2 By Mark Roach After racing through the parliamentary stages at a speed which, at normal times, would be unheard…
Short Sited – What Next for the Construction Industry? By Mark Roach At a time of such uncertainty and unprecedented change, it is vital that there is clarity about…
There is now a “dominant purpose” test for legal advice privilege – some practical points in the corporate and D&O context By Mark Roach, ‘Litigation’ privilege has long been subject to a ‘dominant purpose’ test…
Construction and COVID-19 By Mark Roach The Government’s announcement on 9 March 2020 that it will move into the next stage of the Covid-19…
DACB’s 2020 Construction look ahead By Mark Roach, Rebecca Austin, With a new government and a large mandate from the public, comes new ideas as to how to…
Construction Risks Newsletter - December 2019 By Mark Roach Welcome to the December version of DACB’s Construction Risks newsletter.
Can a company in liquidation take part in an Adjudication? By Mark Roach In Meadowside Building Developments Ltd (in liquidation) –v- 12-18 Hill Street Management Company…
Payment provisions in hybrid contracts and the effect of the Construction Act By Mark Roach, MW was the main contractor engaged to construct a power plant…
Adjudicator’s decision unenforceable based on a breach of natural justice By Mark Roach In Corebuild Ltd v Cleaver and another [2019] EWHC 2170 (TCC) , the Technology and Construction…
The High Court considers whether delievering and pouring concrete constitues a Construction Operation By Mark Roach In Universal Sealants (UK) Ltd (t/a USL Bridgecare) v Sanders Plant and Waste Management Ltd [2019]…
Contech: The Built Environment By Tim Ryan, Warren Kemp, Mark Roach Technology will blur the boundaries between real estate and construction…
Construction Risks Newsletter - August 2019 By Mark Roach, Rebecca Austin DAC Beachcroft's Construction Risks Newsletter features topical issues in construction…
The High Court considers an adjudicator’s Decision and a failure to correctly interpret a contract By Mark Roach Executive Summary 1. Willow Corp S.A.R.L…
Identifying the ‘primary activity’ on-site – Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC) By Mark Roach Executive Summary In Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd , the Court refused to…
Parties making jurisdictional reservations in adjudication must articulate their challenges in a manner which allows an adjudicator to ‘deal with the jurisdictional objection’ By Mark Roach In Ove Arup & Partners International Limited v Coleman Bennet International Consultancy Plc …
The slip rule – how far does it go? By Mark Roach, The recent decision in Axis M&E UK Ltd & Anor v Multiplex Construction Europe Ltd [2019]…
Risk of dissipation – upheld as a principle for granting a stay of execution By Mark Roach, The recent Court of Appeal decision in Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ…
Challenging the jurisdiction of an adjudicator – update By Mark Roach The case of Hitachi Zosen Inova AG v John Sisk & Son Ltd , has provided clarification when…
Liquidated Damages post termination By Mark Roach In 2012, TPT a supplier of software used in commodities trading was engaged by PTT, a commodities…
Construction Risk Newsletter - May 2019 By Mark Roach Since our last edition, there has been some useful and relevant precedent set down by the various…
Construction Risks - December 2018 By Mark Roach Since our last edition, there has been a mixed bag of cases and precedents set down by the various…
True Value By Mark Roach The recent Court of Appeal decision in Grove Developments Limited –v- S&T (UK) Limited has…
Liquidated Damages By Mark Roach Liquidated damages and penalties: GPP v Solar [2018] EWHC 2866 Executive Summary The decision…
Guidance on Appeals By Mark Roach Guidance on appeals from the TCC: Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd…
Scope of Duty By Mark Roach Breach of natural justice – a tool to resist enforcement? The recent decision in Synergy Gas…
Breach of Natural Justice By Mark Roach Guidance on appeals from the TCC: Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd…
50 predictions: Construction & Engineering By David Bear, Mark Roach How will Brexit affect construction insurance? The spectre of Brexit has already affected the…
Construction Risks - August 2018 By Mark Roach This has been a busy period for the Court, with numerous important cases and potential legislation…
The end of "smash and grab" adjudications? By Mark Roach In Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC), it was held that the employer…
Construction (Retention Deposit Schemes) Bill 2017-19 By Mark Roach The cash-flow problems retention can cause to contractors and sub-contractors by late, or worse,…
Construction Update September 2017 By Mark Roach Adjudication Adviser "Smash and grab": In ICI v Merit - provides some notable commentary on…
Adjudication Adviser September 2017 By Mark Roach Welcome to the further edition of DAC Beachcroft's Adjudication Adviser TThis edition reviews a…
The Common Scenario By Mark Roach Picture the familiar scenario: An employer claims against the D&B contractor for damages in…
"Smash and Grab" Imperial Chemical Industries Limited v. Merit Merrell Technology Limited By Mark Roach Executive summary This case reminds parties of their important right to make claims for payment…
Winding up petitions - Breyer Group Plc v RBK Engineering Limited 2017 Petition No: CR-017-003348 By Mark Roach Executive summary A Winding-Up Petition is rarely appropriate as a method to recover monies due…
Adjudication "Responses" - Mailbox (Birmingham) Limtied v Galliford Try Building Limited 2017 By Mark Roach, Rebecca Austin Executive summary This case acts as a warning to Responding Parties that the Adjudicator's…
Service issues - Formalities requires for the service of adjudication proceedings in Lobo v Corich [2017] EWHC 1438 TCC By Mark Roach Executive summary This case concerns the service of notices under a building contract and in…
Construction Update June 2017 By Mark Roach Adjudication Adviser Multiple Contracts: In RCS v Conway – deals with oral contracts and the…
Adjudication Adviser June 2017 By Mark Roach Welcome to the further edition of DAC Beachcroft's Adjudication Adviser This edition of the…
RCS Contractors Limited v Conway [2017] EWHC 715 (TCC) By Mark Roach, Rebecca Austin Executive Summary The Honourable Mr Justice Coulson enforced an Adjudicator's award on summary…
Viridis UK Limited v Mulalley and Company Limited [2014] EWHC 268 (TCC) By Mark Roach HHJ Stephen Davies held that work was carried out under several different contracts and not one…
Aecom Design Build Ltd v Staptina Engineering Services Ltd By Mark Roach Executive Summary It was held in Aecom v Staptina , that an adjudicator did not exceed her…
Hutton Construction Ltd v Wilson Properties (London) Ltd [2017] EWHC 517 (TCC) By Mark Roach Executive Summary The TCC has given useful guidance clarifying the circumstances in which a Part…
Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd [2017] EWHC 67 (TCC) By Mark Roach Executive Summary The employer, Mailbox, sought to enforce an adjudication decision which had…
Construction Risks Newsletter February 2017 By Mark Roach In this edition we consider a number of decisions in which the liability for defective products was…
The Dangers of Letters of Intent By Mark Roach The Technology and Construction Court matter of Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]…
JCT Contracts 2016 – changes to the payment regime By Mark Roach Introduction With the exception of the Major Projects Forms, JCT has now issued updates to the…
Construction Adjudication Adviser February 2017 By Mark Roach Welcome to the further edition of DAC Beachcroft's Adjudication Adviser This edition of the…
Amey Wye Valley Ltd v The County of Herefordshire District Council [2016] EWHC 2368 (TCC) By Mark Roach Executive Summary This case reiterates the well-known principle that the TCC will not go behind…
Dacy Building Services Limited v Idm Properties LLP [2016] EWHC 3007 (TCC) By Mark Roach Executive Summary Jefford J declined to grant summary judgment to enforce an Adjudicator's award…
Kilker Projects Limited v. Rob Purton (trading as Richwood Interiors) [2016] EWHC 2616 (TCC) By Mark Roach Executive Summary A party is entitled to refer to adjudication a dispute in respect of the true…
Imperial Chemical Industries Limited v. Merit Merrell Technology Limited [2016] EWHC B30 (TCC) By Mark Roach Executive Summary In summary judgment proceedings, Jefford J upheld an adjudicator's decision on…
Construction Update February 2017 By Mark Roach Adjudication Adviser This edition of the Adjudication Adviser focuses on what the Court will…
Revision to the Pre-Action Protocol for Construction and Engineering Disputes Expected By Mark Roach It was announced on 2 November 2016, that a new Pre-Action Protocol for Construction and…
Fresca-Judd and SSE Generation Limited By Mark Roach Elizabeth Ann Fresca-Judd v Galina Golovina [2016] EWHC 497 This case concerned the insurance…
RMC Building & Civil Engineering Limited v UK Construction Limited [2016] EWHC 241 (TCC) By Mark Roach Mr Justice Edwards-Stuart decided that a payee's default notice had not been withdrawn after the…
Manor Asset Limited v. Demolition Services Limited [2016] EWHC 222 (TCC) By Mark Roach Where an amended contractual term rendered it impossible to issue a payless notice in compliance…
Penten Group Ltd v. Spartafield Ltd [2016] EWHC 317 (TCC) By Mark Roach An adjudicator derives his/her jurisdiction from the notice of adjudication…
Deluxe Art & Theme Limited v. Beck Interiors Limited [2016] EWHC 238 (TCC) By Mark Roach Disputes in respect of extensions of time on the one hand, and retention on the other, were…
Stellite Construction Limited v Vascroft Contractors Limited [2016] EWHC 792 (TCC) By Mark Roach The Honourable Mrs Justice Carr upheld a number of elements of an Adjudicator's decision but…
DAC Beachcroft's Adjudication Adviser Newsletter - February 2016 By Mark Roach Welcome to the further edition of DAC Beachcroft's Adjudication Adviser This edition of the…
Adjudication Adviser Newsletter - August 2015 By Mark Roach In the period since ISG v Seevic and Galliford Try v Estura a fair amount of Court time has…
Adviser Alert: Aspect Contracts (Asbestos) Limited v Higgins Construction Plc [2015] UKSC 38 By Mark Roach Yesterday's judgment should serve as a caution to any successful party in an adjudication…
Eurocom Limited v Siemens PLC [2014] EWHC 3710 (TCC) By Mark Roach This decision relates to the enforceability of the decision of an adjudicator hearing a dispute on…
Horne v Magna Design Building Ltd [2014] EWHC 3380 (TCC) By Mark Roach Mr Justice Akenhead rejected an Employer's application for declaratory relief, finding that a…
Rokvic v Peacock [2014] EWHC 3729 (TCC) By Mark Roach Akenhead J held that a Claimant was entitled to its costs incurred in adjudication enforcement…
Construction Adviser Alert: Contractual Payment Notices By Mark Roach By way of a Judgment given on 3 December 2014 in ISG Construction Ltd v Seevic College [2014] EWHC…
Construction Newsletter: Adjudication Adviser - September 2014 By Mark Roach In the period since our last Adviser, surprisingly, there have been few reported adjudication…
