Articles - DAC Beachcroft

Articles by Rebecca Austin

Building Safety Act

Building Safety Act

The Building Safety Act finally received Royal Assent on 28th April 2022 following a robust debate in Parliament. The Act is ambitious in its scope an ...

The Building Safety Bill reaches the final stages

The Building Safety Bill reaches the final stages

The Building Safety Bill (the “Bill”) completed all stages in the House of Lords on 4th April and will return to the House of Commons with amendments ...

Payment Notices – a “genuine belief” in the valuation - Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC)

Payment Notices – a “genuine belief” in the valuation - Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC)

Executive Summary This decision highlights the danger of issuing a Payment Notice without a genuine belief in the sum stated to be due. A proper valua ...

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 ...