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Construction cost certainty: the elusive mythical beast?

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EDF announced this week that the estimated completion costs for the Hinkley Point C project have now spiralled again to between £21.5 billion and £22.5 billion.

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The elephant in the (marginally smaller) room

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Mears Limited v Costplan Services (South East) Limited & Others [2019] EWCA Civ 502

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Has Spurs’ decision to use construction management been an own goal?

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Catherine Welch construction

When a football club is aiming to win a league title, it employs individual players to form a team. The club signs contracts with the players, and pays each player as per their own contract terms. The club takes responsibility for the outcome of the season, and for the individual player performances along the way. The club also employs a manager to direct and enthuse the team to work towards the same goal; winning games at each stage to ultimately lift the trophy at the end of the season, and for the club to win the league title.

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Here we snow again – was the construction industry prepared for the weather?

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Contributing authors: Elizabeth Painter

snow construction

Less than 12 months ago, large areas of the country were affected by snow, and the consequences for many construction projects carried on long after the snow had melted.

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How would a No Deal Brexit affect the availability of construction labour?

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Construction & Engineering

This week saw Parliament speak out against a No Deal Brexit, the Leader of the Opposition encourage the Government to rule out a No Deal Brexit, and Brussels confirm that a negotiated orderly exit is the preferred option. And yet, despite all this, in the absence of a definite deal, commentators suggest that No Deal is still the default, and most likely, scenario.

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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

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Construction & Engineering

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.

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‘Deal’ or ‘No deal’: are your construction contracts Brexit-ready?

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Contributing authors: Andrew Ash

Construction contract

Before the end of 2018, it will be ‘deal’ or ‘no deal’ in the Brexit negotiations and Parliament’s subsequent approval or otherwise of how the UK is going to leave the EU.

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

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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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Spotlight on Grove Developments Limited v S&T (UK) Limited: is this really the end for ‘smash and grab’ adjudications?

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Construction & Engineering

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.

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Payment Notices – the difference between assessments and sums due

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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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Tips for construction sub-contractors affected by the compulsory liquidation of Carillion

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Construction & Engineering

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.

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Farmer Review warning for the Construction Industry

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The Farmer Review of the UK construction industry commissioned by the government provides shocking revelations of the current dire state of the industry and recommendations of how to save its future.

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