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In cases of insolvency, the normal adjustment of any over or under valuation in the following payment period is no longer available, which can leave Employers in a position of having over paid the contractor.
Read moreThe courts have refused the Responding party's complaints that a lack of time to consider the amount of information in the Referral is a breach of natural justice. A Responding Party can submit any defence open to it regardless of whether raised in prior correspondence. Also, the parties to a construction contract can adjudicate "at any time".
Read moreFitness for purpose or reasonable skill and care? Design & Build contractors need to know the difference and their potential liability in each case
Read moreThe role of the expert witness, his independence and duty to the court
Read moreThe powers of the adjudicator and challenges to the jurisdiction of an adjudicator?
Read moreA recent decision of the Supreme Court has brought a change to the long held requirement over the last 100 years, for liquidated damages to be a genuine pre-estimate of loss.
Read moreA review of the recent case of St Austell Printing Company -v- Dawnus Construction Limited [2015] EWHC 96 (TCC)
Read moreA Contractor who is on the brink of insolvency may not be able to secure the courts enforcement of an Adjudicator's decision. This article discusses the situation.
Read moreIf the court finds that a contract did not come into existence because the price was not agreed or because essential terms were not agreed or if work was carried out outside of the terms of the contract then the unpaid Contractor can claim an entitlement to be paid a reasonable sum by way of Quantum Meruit for the work carried out.
Read moreWhen the Employer is left with “a house that Jack built” and it is incomplete to the extent that no amount of effort can make it good, what is the level of damages the Employer can claim against the incompetent Contractor?
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