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Construction Foundation Newsletter August 2016

  • United Kingdom
  • Construction and engineering - Foundations
  • Litigation and dispute management


Welcome to Foundations, our construction and engineering monthly newsletter. Foundations will update you with details of what we think are the top three court cases decided in the previous month, 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 (UK insight) and internationally (International Insight). We hope you find our newsletter useful and informative.

International insight

Atlantic Shellfish (all oysters and no pearls?) demonstrates the courts approach to mediation

It is said one shouldn’t choose oysters where the month has the letter ‘r’ in the name, and this old adage seemed to hold true for the Irish courts in a recent Court of Appeal (“CA”) December 2015 decision. The purpose of this paper is to examine, if the courts have missed a unique opportunity to place mediation and ADR in an elevated status within the dispute resolution arena.

Read the full article


UK insight

Losing your rights from under your nose!

Construction and Engineering projects are inherently complex and therefore it is no surprise that significant time, effort and costs are deployed to ensure that the risks, rights and obligations between the parties are carefully set out in their contract. However, this does mean that construction and engineering contracts are lengthy and complex documents. The purpose of this article is to highlight that having spent so much time and effort negotiating and tailoring the contract, the rights and obligations the parties thought they had secured may be lost or rendered unenforceable by reason of what the parties actually do after the contract has been made! 

Read the full article


Top 3 cases

Mascareignes Sterling Co Ltd v Chang Cheng Esquares Co Ltd (Mauritius) [2016] UKPC 21

Lord Hodge has given the leading judgment of the Privy Council dismissing an employer’s appeal against an arbitral award relating to the valuation of the final account under a building contract. The court upheld, in favour of the contractor, the manner in which variations had been valued under a lump sum JCT contract.

Read the full article


Volkerlaser Ltd v Nottingham City Council [2016] EWHC 1501 (TCC)

In Volkerlaser Ltd v Nottingham City Council [2016] EWHC 1501(TCC), Edwards-Stuart J refused to grant summary judgment on the contractor's claim for sums due under an interim application. When an employer fails to make payment or serve a pay less notice against a contractor's interim application for payment, it is usual for the contractor to refer that dispute to adjudication. However, it is uncommon for the contractor to start court proceedings and apply for summary judgment on the sums said to be due to it on an interim basis. That is precisely what the contractor, Volkerlaser Ltd (Volkerlaser), did in this case.

Read the full article


Lulu Construction Ltd v Mulalley & Co Ltd [2016] EWHC 1852 (TCC)

In Lulu Construction Ltd v Mulalley & Co Ltd [2016] EWHC 1852 (TCC), Mr Jonathan Acton-Davis QC enforced an adjudicator's decision finding that he had jurisdiction to award costs claimed under the Late Payment of Commercial Debts (Interest) Act 1998 (“the Late Payment Act 1998”).

Read the full article



2nd Annual Global EPC Contract & Risk Management Conference

Eversheds is pleased to sponsor the 2nd Annual Global EPC Contract & Risk Management Conference on 6 and 7 October in London. James Pickavance will participate in a panel discussion and present a case study on dispute resolution in EPC agreements.

For more information and to register with our discount code, view the full agenda. Discount code: EPC2016_Z


What is troubling you?

The content within Foundations is produced to help you. If you have a particular issue or area of law that you would like us to cover, then email and we will endeavour to address it in a subsequent edition of Foundations.

For more information contact

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