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Bresc-yo-yo: The courts' treatment of insolvent parties in adjudications continues to yo-yo in...

Following the Supreme Court’s decision in Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, the Court of Appeal in John Doyle Construction Ltd (In Liquidation) v Erith Contractors Ltd considered the question of enforcement of adjudication decisions in favour of insolvent companies.

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Introduction of the Construction Playbook - best practice guidance for Central Government and...

In December 2020 the Government published the Construction Playbook, being a guide to the procurement of construction services across the public sector.

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J&B Hopkins Limited v Trant Engineering Limited [2020] – enforcement of adjudicator’s decision...

The recent case of J&B Hopkins Limited v Trant Engineering Limited [2020] EWHC 1305 (TCC) is another case relating to enforcement of an adjudicator’s decision based on a failure by the paying party to serve payment or pay less notices.

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Payment and pay less notices – a timely reminder

Payments disputes are common in the construction industry. In particular, ‘smash and grab’ adjudications, where, for example, a notified sum is claimed by a Contractor due to the Employer’s failure to serve a payment or pay less notice in accordance with the payment procedure, are a regular occurrence.

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Right to adjudicate survives insolvency – subject to practical utility

In August 2018 we reported on the TCC decision of Fraser J in the case of Michael J. Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in Liquidation) [2018] EWHC 2043.

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Restriction on contractual prohibitions on assignment of debts

The Business Contract Terms (Assignment of Receivables) Regulations 2018 (the "Regulations") have been introduced by Parliament with the stated objective of facilitating access to finance for businesses by allowing them to assign receivables (essentially, the right to payment) to a finance provider.

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Brexit agreement summary

This article addresses some of the key issues concerning the draft Withdrawal Agreement

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Hacking a pathway through a dense thicket - clarity from the Court of Appeal on smash and grabs

The Court of Appeal has now handed down its judgment on the appeal of S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448 dismissing the appeal and upholding the decision of Coulson J

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Watch this space: New NEC4 "evolutionary" contracts soon to be published

The NEC has announced that the new NEC4 standard form contracts will be launched on 22 June 2017. The NEC is describing the NEC4 suite of contracts as an "evolution" of the ever popular NEC3 suite, building on the core principles and successes of the NEC3.

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Third Parties (Rights against Insurers) Act 2010 coming into force - update

he long awaited Third Parties (Rights against Insurers) Act 2010 ( the Act ) will finally come into force on 1 August 2016.

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