Posted by Andrew Ash, Partner
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S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448 – Court of Appeal upholds Coulson J’s first instance decision – “Smash and grabs” – but there’s still life in the old dog yet
Posted by Andrew Ash, Partner
The Court of Appeal has today handed down its decision on the appeal by Grove Developments Limited against the first instance decision by Coulson J, in which he decided that a party who had failed to issue an effective payment or pay less notice against a contractor’s application for interim payment could refer a dispute as to the true value of the Contractor’s works to adjudication.
Customer become insolvent? Here’s how you can get your goods back
Posted by Andrew Ash, Partner
In a competitive market, offering your goods on credit is often a commercial necessity. But what if your customer becomes insolvent before they have paid for the goods? In this scenario, you will want your goods back – and to have a realistic chance of getting them back, you need to consider your contract before supply takes place.
“Don’t wind me up – no guarantee that a judgment debt based on an adjudicator’s decision will be enforced”
Posted by Andrew Ash, Partner
Victory House General Partner Limited, Re A Company [2018] EWHC 1143 (Ch) is a stark reminder of the limitations of the effectiveness of obtaining judgment based on an Adjudicator’s decision where the respondent company may have a separate and bona fide cross claim.
Spotlight on Grove Developments Limited v S&T (UK) Limited: is this really the end for ‘smash and grab’ adjudications?
Posted by Andrew Ash, Partner
This week (27 February 2018), in a judgment of the Technology and Construction Court, the Honourable Mr Justice Coulson confirmed that a party who fails to issue an effective payment or pay less notice in response to a contractor’s application for interim payment still has the right to seek in adjudication a proper valuation of the works included in the contractor’s application.
Payment Notices – the difference between assessments and sums due
Posted by Andrew Ash, Partner
We are all well aware by now of the draconian effect of failing to issue a timely payment notice and/or pay less notice, in accordance with the contract, in response to interim payment applications (see for example: Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Limited [2017] EWHC 17 (TCC)). Failure to do so can lead to losing the right to dispute the amount claimed (at least until the next interim payment application or final account).
Tips for construction sub-contractors affected by the compulsory liquidation of Carillion
Posted by Andrew Ash, Partner
Following the compulsory liquidation of Carillion yesterday and their appointment as special managers to support the Official Receiver, PricewaterhouseCoopers (“PwC”) website advises Carillion’s suppliers that they will be reviewing their contracts over the coming days and will be in touch “with further instructions” soon.
Construction contractors: lessons learned from recent Balfour Beatty case
Posted by Andrew Ash, Partner
When construction contracts are drafted and you are agreeing a schedule for interim payment application dates, it is critical that a provision is made for any delays. In the case of Grove Developments Limited v Balfour Beatty Construction Limited, we take a look at the consequences where stage payment is not implied.
Brexit: The effects of leaving the EU on the UK construction industry
Posted by Andrew Ash, Partner
Leaving the EU will undoubtedly have a huge impact on the construction sector in Britain, certainly in the short term. The UK construction industry has already hit uncertainty, the housebuilders’ share price falling through the floor being a clear indication of what is to come.
Contractor and sub-contractor applications for payment requirements
Posted by Andrew Ash, Partner
Back in 2011, amendments were made to the statutory payment notice and withholding notice regimes, first introduced by the Housing Grants Construction and Regeneration Act 1996.
New partner and head of construction for Withy King
Posted by Andrew Ash, Partner
Andrew Ash has joined UK Top 100 law firm Withy King as a partner, heading up its Construction and Engineering team. Andrew joins the firm from Osborne Clarke LLP where he was an associate director for 14 years. He now …
Contractors beware! What happens when you run out of dates for interim payment
Posted by Andrew Ash, Partner
Partner Andrew Ash looks at the latest ruling in Grove Developments v Balfour Beatty, and what this means for contractors.