Citation: [2023] EWHC 2010 (TCC) Key Terms: Smash and Grab, Notified Sum, True Valuation, Adjudication Enforcement. Introduction For better or worse, smash and grab adjudications exist, and they are perfectly legal. Whilst they may sometimes (often) lead to an unfair decision, the party on the wrong side of that decision may at least take […]
Introduction Limitation in the context of payments due under construction contracts is a hot topic at the moment, following the decision of HHJ Russen KC in the TCC case of LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC). Whilst the most significant finding in LJR Interiors was that that an adjudicator does […]
The recent TCC decision in LJR Interiors Ltd v Cooper Construction Ltd is highly significant in the context of limitation and adjudication, but what does it really mean? James Frampton and Thomas Saunders of Keating Chambers have examined that question across a three-part series of articles, and Reeves James are honoured to have been given […]
In the recently decided case of Elements (Europe) Limited v FK Building Limited [2023] EWHC 726 (TCC), Mr Justice Constable provided clarification and reminder with respect to a number of legal definitions and contractual interpretations which have significant bearing in the technical minefield of payment notices under construction contracts. Background By way of an amended […]
In the recent High Court case of Levi Solicitors LLP v Wilson, the Court grappled with issues around ‘termination accounts’ submitted pursuant to clause 6.7.3 of the JCT Minor Works Building Contract; both in the context of insolvency, and generally. The headline finding by the Court was that the three-month deadline for submitting a statement/certificate […]