Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC)

Construction Focus: The devil is in the detail

John Starr examines the form and content of notices ‘The trust submitted that the law adopts a different, less prescriptive standard when it comes to considering whether a document constitutes a valid pay less notice.’It is well known that construction contracts in this country are required by the Housing Grants, Construction and Regeneration Act 1996 …

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Construction Trends: Keeping an eye on the ball

Riaz Hussain examines legal and litigation trends for construction in the year ahead ‘Although in most respects the Supreme Court is not saying anything new [in Arnold v Britton], the emphasis of the majority’s view claws back from some of the more purposive approaches taken in recent cases. The impact of this decision on construction …

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Construction Focus: Clarity in all things

John Starr outlines a case highlighting the need for unambiguous interim payment applications in order to attract the provisions of the 1996 Construction Act ‘The Technology and Construction Court (TCC) has again reiterated that payment applications must be clear and unambiguous if they are to attract the deeming provisions in the Act.’ In last month’s …

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Construction Focus: Challenging perceptions

John Starr highlights two cases which have reconsidered adjudication and the role of the court ‘The question that the court had to decide in Khurana was whether the adjudicator’s decision was only temporarily binding, in the usual way, or whether the agreement reached between the parties in correspondence meant that it was finally binding and …

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