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Articles in ‘Construction and Engineering’ Category

Opinion  |  02:12:22

With suppliers in a better position to call the shots on contract terms, the industry must recalibrate its approach to risk management. The construction industry is immersed in a storm of circumstances impacting the…

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Opinion  |  14:09:22

This article originally appeared in Building.co.uk. An agreement to mobilise the contractor early can be documented in a letter of intent, but beware the pitfalls: In the economic climate of increasing inflation, letters of…

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Opinion  |  05:02:18

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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Opinion  |  01:03:18

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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