Construction Risks Newsletter - April 2020 - DAC Beachcroft

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Construction Risks Newsletter - April 2020

Published 30 abril 2020

Update on HSE Chief Executive's report, HSE business plan and coronavirus guidance

 

 In advance of the publication of the HSE’s Business Plan for 2020/21, we summarise below the report of the HSE’s Chief Executive in March. 

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The impact of COVID-19 on the construction industry: adapting to change in these extraordinary times

 

 The construction industry is used to dealing with difficult times and adapting to change. However, the COVID-19 pandemic has presented completely new and exceptional challenges. 

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Silicosis, the forgotten killer?

 

 MP’s from the All Party Parliamentary Group for respiratory health have recently called for more measures to protect workers at risk from developing silicosis.

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Astec: The next instalment on companies in liquidation pursuing recovery via Adjudication

 

 In Balfour Beatty Civil Engineering Ltd v Astec Projects Ltd (In Liquidation) [2020] the Court declined to grant an injunction preventing Astec from pursuing three adjudications against Balfour Beatty. 

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Municipio v BHP: Litigation and Extensions (of Time) in the Time of COVID-19

 

 In Municipio de Mariana & Others (MDM) v BHP Group PLC (formerly BHP Billiton) (BHP) [2020] the court granted BHP an extension of time of 5-6 weeks to serve evidence. 

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COVID-19 will not put off adjudication

 

 In Millchris Developments Ltd v Waters [2020] 4 WLUK 45 the TCC has refused to grant an injunction prohibiting a home owner from proceeding with an adjudication.

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True Value’ Adjudications: tactics to avoid having to ‘pay first’ where risk of insolvency squandered where party had not acted with due diligence

 

 In Broseley London Limited v Prime Asset Management Limited [2020] the Court declined to grant a stay of execution to allow the Employer to commence ‘true value’ adjudication on the final account where it had not paid the amount due on an interim valuation adjudication. 

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Jurisdictionally challenged

 

 In Flexidig Limited v M&M Contractors (Europe) Limited [2020] EWHC 847 (TCC), the Sub-Contractor (Flexidig) applied to the court for summary judgement to enforce an adjudicator’s decision against the Employer (M&M)

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Blackpool Borough Council: Joint Testing House or Single Joint Expert?

 

 In Blackpool Borough Council v Volkerfitzpatrick Limited [2020] the Court refused the Defendant’s application to strike out the evidence of two of the Claimant’s experts, and further refused to strike out the Claimant’s claim in relation to the new tram depot in Blackpool.

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Authors

Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

Rebecca Austin

Rebecca Austin

London - Walbrook

+44 (0) 20 7894 6729

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