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Construction Foundation Newsletter October 2017

  • United Kingdom
  • Construction and engineering - Foundations


Foundations will update you with details of what we think are the top court decisions of the previous few months and provide a summary of important legislation changes or proposals and a paper providing insight and guidance on a particular area of construction law and practice in the UK and internationally.

We hope you find our e-briefing useful and informative.

International Insights

The meaning and interpretation of gross negligence and wilful misconduct under English law

A paper, published by the Society of Construction Law, analysing the development and judicial treatment of gross negligence and wilful misconduct under English law. The paper also considers putative problems and scenarios that arise in connection with these terms.

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UK Insights

Adjudicators, have you got your terms of engagement right? The many drafting lessons from Linnett v Harding

 “The role of an adjudicator is one which can only be performed by an individual” stated Alexander Nissen QC in Linnett Ltd & Linnett v Mathew J Harding [2017]. Many drafting lessons must be learnt from the Technology and Construction Court’s decision, which we highlight in our overview of the case.

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Top 3 Case Update

Contract interpretation: Uncertain terms

The Technology and Construction Court has again demonstrated in Vinci Construction UK Ltd v Beumer Group UK Ltd its reluctance to find contractual provisions void for uncertainty, particularly when the contracted works have already been performed.

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Adjudication enforcement: CVAs

Whilst the judgment of Rossair Ltd v Primus Build Ltd [2017] (TCC) (unreported) does not demonstrate any new law, it identifies the difficulties parties will have when seeking to avoid enforcement of an adjudicator’s decision by the TCC in the circumstances of a Company Voluntary Agreement.

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Adjudication proceedings: Recovery of cost

Whether a party can recover its costs of adjudication from the unsuccessful party is a question that has been considered on a number of occasions by the TCC. This decision provides some clarity in respect of the recovery of “reasonable costs” under the Late Payment of Commercial Debts (Interest) Act 1998.

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Legislation update: 92nd second update of the Civil Procedure Rules

Proceedings in the Technology and Construction Court are governed by the Civil Procedure Rules (CPR) and supplementary Practice Directions, both of which are frequently updated to adapt to the needs of parties. The 92nd update of the CPR came into force on 1 October 2017 and we summarise the provisions key to construction disputes.

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