Articles - DAC Beachcroft

Articles by Rebecca Austin

Construction Risks Newsletter - April 2020

Construction Risks Newsletter - April 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 f ...

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

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 p ...

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

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 week ...

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

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 ‘ ...

Jurisdictionally challenged

Jurisdictionally challenged

Executive Summary 1. In Flexidig Limited v M&M Contractors (Europe) Limited [2020] EWHC 847 (TCC), the Sub-Contractor (Flexidig) applied to the co ...

DACB’s 2020 Construction look ahead

DACB’s 2020 Construction look ahead

National Infrastructure Strategy bill 1. In the Queen’s speeches in October and December 2019, government aims for domestic reform were laid out, to “ ...

Jurisdictional challenges: waiver, crystallisation and substantive issues

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 ma ...

Construction Risks Newsletter - August 2019

Construction Risks Newsletter - August 2019

DAC Beachcroft's Construction Risks Newsletter features topical issues in construction. Welcome to the August version of DACB’s construction risks new ...

Trading names and Adjudication referrals – can a jurisdictional challenge succeed?

Trading names and Adjudication referrals – can a jurisdictional challenge succeed?

An interesting challenge of jurisdiction case was recently heard in the Technology and Construction Court concerning an Adjudication brought against t ...

What constitutes “Practical Completion” considered in (1) Mears Ltd v Costplan Services (South East) Ltd and others; and (2) University of Warwick v Balfour Beatty

What constitutes “Practical Completion” considered in (1) Mears Ltd v Costplan Services (South East) Ltd and others; and (2) University of Warwick v Balfour Beatty

A fundamental but often overlooked principle of any agreement relating to works is what constitutes “practical completion”. Most standard forms fail t ...