Adjudication: Cherry picking what is submitted to Adjudication
Charles Edwards, Barrister and TECBAR Adjudicator reviews a case which considers whether a party in adjudication should be allowed to prune their claim which forms part of a larger claim submitted to adjudication, in essence cherry picking that which they submit to adjudication from a larger claim? A recent case in the Technology and Construction […]
Extension of Time and Concurrent Delays: Beware of amendments to Extension of Time Clauses in Construction Contracts – Contractor’s Entitlement maybe zero
Charles Edwards, Barrister and TECBAR Adjudicator, reviews the key case of North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC 2414 (TCC) on concurrency and extensions of time. These Part 8 proceedings in the Technology and Construction Court (“TCC”) involved an issue of contractual interpretation of an amended Clause in an amended JCT Design and Build […]
FIDIC Yellow Book: Extensions of Time, Conditions Precedent, Termination of Contract – Guidance from the High Court (TCC)
Charles Edwards, Barrister and TECBAR Adjudicator reviews the case of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar [2014] EWHC 1028 (TCC). The Technology and Construction Court (TCC) found that the Employer under a FIDIC Yellow Book had lawfully terminated the Contract for continuing grounds of non-compliance by the Contractor under […]
Practical Completion: Construction Contracts
Charles Edwards, Barrister and TECBAR Adjudicator reviews a case in the Technology and Construction Court which provides useful guidance on Practical Completion: O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC). The Claimant in the proceedings was a Contractor who entered into a Construction Contract with the First Defendant (“HSN”) […]