Articles - DAC Beachcroft

Articles

diciembre 2021

Zi Wang v Graham Darby: Can cryptocurrencies be held on trust?

Zi Wang v Graham Darby: Can cryptocurrencies be held on trust?

The High Court addressed, for the first time, whether a cryptocurrency was held on trust in Zi Wang v Graham Darby [2021] EWHC 3054 (Comm). It is unde ...

Construction Risks Newsletter | December 2021

Construction Risks Newsletter | December 2021

Welcome to the December 2021 issue of the DAC Beachcroft Construction Risks Newsletter. As with previous editions, this newsletter highlights som ...

The effect of a Final Statement under the JCT D&B 2011 and when to adjudicate

The effect of a Final Statement under the JCT D&B 2011 and when to adjudicate

In CC Construction Limited v Mincione [2021] EWHC 2502 (TCC), the Court was asked to consider the enforceability of an adjudicator’s decision and whet ...

Full rate of LADs applicable even when employer takes possession of part

Full rate of LADs applicable even when employer takes possession of part

In Eco World – Ballymore Embassy Gardens Company Limited v Dobler UK Ltd [2021] EWHC 2207 (TCC) the court was asked to make declarations as to the pro ...

Requirement to adjudicate first under the NEC contracts

Requirement to adjudicate first under the NEC contracts

A recent decision of the Scottish Courts in Greater Glasgow Health Board v Multiplex Construction Europe Ltd & Ors [2021] CSOH 115 provides a usef ...

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 ...

Three into one: multiple payment applications deemed a single dispute

Three into one: multiple payment applications deemed a single dispute

Executive Summary 1. Under the Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”), a party may refer “a dispute” that ar ...

John Doyle Construction Limited (In Liquidation) v Erith Contractors Limited [2021] WLR(D) 516]

John Doyle Construction Limited (In Liquidation) v Erith Contractors Limited [2021] WLR(D) 516]

Overview This Court of Appeal case follows the much reported Bresco[1], Meadowside[2] and the first instance John Doyle cases[3].  This case clarifies ...

Mansion Place Ltd v Fox Industrial Services Ltd - Parties are bound by “hands free” verbal agreement to forego liquidated damages

Mansion Place Ltd v Fox Industrial Services Ltd - Parties are bound by “hands free” verbal agreement to forego liquidated damages

Summary: In a recent judgment on 12 November 2021, Mr Justice Eyre held that under a JCT Design and Build Contract, 2016 Edition (“DB 2016”) an oral a ...

 Construction (Retentions Abolition) Bill 2021-22

Construction (Retentions Abolition) Bill 2021-22

It is widely considered that withholding money owed to a contractor, until all work is completed to a client’s satisfaction, is outdated and open to a ...