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5 July 2018 0 Comments Posted in Construction, Opinion

“Don’t wind me up – no guarantee that a judgment debt based on an adjudicator’s decision will be enforced”

Posted by , Solicitor

Construction & Engineering

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.

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5 February 2018 0 Comments Posted in Construction, Opinion

Payment Notices – the difference between assessments and sums due

Posted by , Solicitor

Construction & Engineering

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).

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28 October 2016 0 Comments Posted in Construction

Construction contractors: lessons learned from recent Balfour Beatty case

Posted by , Solicitor

Construction & Engineering

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.

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