Our collective thoughts

Posted August 20, 2024 | Published in Dispute resolution

Late payments: you’re really on thin ice now [1]

Paul Smylie reports on the Court of Appeals decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, which held that the Contractor was entitled to terminate its employment based on just two late payments, each of which was rectified within 14 days.

UK Supreme Court finds that collateral warranties are not a construction contract [3]

Adele Parsons reports on the UK Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2024] UKSC 23, which has provided welcome guidance on whether a collateral warranty is a “construction contract” as defined by the Construction Act.

Settlement Agreements: words to the wise [5]

In this blog post, Katherine Butler discusses the recent TCC decision, which sets out a useful summary of the law relating to the construction of settlement terms. The judgment serves as a cautionary tale, highlighting the importance of the wording used in settlement agreements.

Less of a slip, more of a stumble – when Adjudicators exceed their jurisdiction under the Slip Rule [7]

In this blog post, Adele Parsons discusses the recent successful adjudication enforcement proceedings in the Technology & Construction Court. In his judgment, Mr Adrian Williamson KC, sitting as a High Court deputy judge, determined that the adjudicator had exceeded his jurisdiction in applying the Slip Rule.

Adjudication Round Up: nothing to declare… [8]

In this blog post, Katherine Butler looks at three recent decisions where the TCC has declined to give the remedies and/or declarations sought following adjudication awards being made. Whilst the three cases address different matters, the judgments all focus on the fairness of the outcome and offer reminders to parties that fairness and the overall merits of any particular claim or application are key considerations for the English Courts, balanced against strict legal entitlements.

Carry on Dissatisfied? Notices of Dissatisfaction and the NEC [9]

In this blog post, Claire King looks at the key issues parties must consider when issuing a Notice of Dissatisfaction, which must be issued within the requisite time frame of four weeks if a party wishes to avoid being bound by an adjudicator’s decision.

The Reinforced Autoclaved Aerated Concrete crisis: to what extent will claims “RAAC up”? [11]

The reinforced autoclaved aerated concrete (“RAAC”) crisis was brought into focus in August 2023, when the UK government announced that over 100 schools would not be able to re-open due to compromised structural safety. In this blog post, George Boddy explores whether the current issues with RAAC may give rise to an increase in claims against those involved in the construction and refurbishment of buildings containing the material.