Our collective thoughts

Posted April 18, 2023 | Published in Dispute resolution

The TCC provides yet more reasons why expert shoppers should beware … [1]

Katherine Butler returns to the topic of “expert shopping” with a review of two recent TCC decisions that should serve as cautionary tales for anyone looking to engage in the proscribed practice.

Take your time and keep your options open: a review of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC) [3]

Laura Bowler considers the recent decision of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC).

TCC decision reaffirms difficulties in defending fire safety and defects claims [5]

In December 2022, the Technology and Construction Court handed down its decision in LDC (Portfolio One) Limited v (1) George Downing Construction Ltd and (2) European Sheeting Ltd [2022] EWHC 3356 (TCC), which is only the second substantive decision of the Court concerning cladding defects post-Grenfell after Mulalley & Co Ltd v Martlet Homes Ltd [6] [2022] EWCA 1813 (TCC).

An art, not a science: the Court’s approach to cost budgeting [8]

Broad brushstrokes rather than fine lines. Laura Bowler considers the recent decision of Associated Newspapers Ltd v Buckingham Group Contracting Ltd and the recent guidance from the Court in relation to cost budgets and hourly rates.

How the UK plans to remain a world leader in international arbitration [9]

Adele Parsons reports on the UK’s plans to remain a world leader in international arbitration.

Immediate payment obligation and entitlement to commence (or rely upon) a “true value” adjudication – clarity at last…? [11]

Matthew Simson considers the case of AM Construction Limited v The Darul Amaan Trust and – again! – the question as to when the paying party’s immediate payment obligation arises in the context of commencing or relying upon a “true value” adjudication.

Insolvency of the main contractor: 15 top considerations for the employer [13]

Having acted for employers on four projects in the past year where the main contractors have become insolvent, Martin Ewen reviews his top 15 actions for employers to consider when faced with main contractor insolvency.