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Construction Risks Newsletter - December 2019

Published 17 diciembre 2019

In Meadowside Building Developments Ltd (in liquidation) –v- 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC), the Court found that in certain circumstances, it is possible for companies in liquidation to legitimately engage in adjudication proceedings.
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Payment provisions in hybrid contracts and the effect of the Construction Act

 

MW was the main contractor engaged to construct a power plant. By way of a 2015 subcontract, CSL was required to design and construct the civil, structural and architectural works for completion of the facility. The subcontract was worth £35m.
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Adjudicator’s decision unenforceable based on a breach of natural justice

In Corebuild Ltd v Cleaver and another [2019] EWHC 2170 (TCC), the Technology and Construction Court refused to enforce an adjudicator’s decision by reason of a material breach of the rules of natural justice. 
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Jurisdictional challenges: waiver, crystallisation and substantive issues

The recent case of LJH v Meeres provides another example of a Court rejecting a parties’ attempt to rely on jurisdictional challenges that were not made in the course of the Adjudication. 
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The High Court considers whether delievering and pouring concrete constitues a Construction Operation

In Universal Sealants (UK) Ltd (t/a USL Bridgecare) v Sanders Plant and Waste Management Ltd [2019] EWHC 2360 (TCC), the High Court determined whether a contract to supply and pour concrete was a construction contract as defined by s.104-105 of the Housing grants, Construction and Regeneration Act 1996 (the “Act”).
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HSE Shine the Spotlight on Principal Designers

There has been little regulatory scrutiny of the role of the principal designer since it was introduced by the Construction (Design Management) Regulations 2015 to replace the role of the CDM-Co-ordinator. 
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Authors

Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

Key Contacts

Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

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