English Construction Adjudication Case Law – ‘Pay Now, Argue Later’ – Time for Reform?

English Construction Adjudication Case Law Pay Now Argue Later Time for Reform

The Housing Grants, Construction and Regeneration Act 1996 (HGCRA) came into force on 1 May 1998. This Act implemented recommendations regarding Adjudication for the English construction industry as set out in the Latham Report[1]. The recommendations from the Latham report aimed to resolve project disputes quickly, allow projects to continue without delay and facilitate cash […]

Architect v Developer – Court of Appeal – Payments disputes – Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735 (02 November 2017)

Architect v Developer Court of Appeal Payments disputes Adam Architecture Ltd v Halsbury Homes Ltd

Introduction This appeal was by an appellant architecture company (Adam) in litigation concerning its entitlement to fee recovery following the termination of its engagement with a developer (Halsbury) under the RIBA[1] form of contract. This standard form of contract provides for interim payments, payment notices and pay-less notices, but is not particularly clear on the […]

Proof of Delay – Garbage in and Garbage out – Lessons learnt from two prominent English Construction law cases

Proof of Delay Garbage in and Garbage out Lessons learnt from two prominent English Construction law cases

In most construction disputes involving an Extension of Time, Computer technology has played a vital role in modern construction projects and disputes, providing a more efficient way to identify the reasons behind project delays and calculate their effects on subsequent work performance. The traditional manual and paper-driven approach has been replaced by computer technology, making […]

Extension of Time – A few thoughts and simple tips for Contractors

Extension of Time   A few thoughts and simple tips for Contractors

When a party to a contract prepares a contractual claim, the onus of proof rests with the party making the claim. In preparing an extension of time, the claimant must identify in its claim the events that give rise to the delay or the delays. The claimant must also provide the causative effect of these […]

What’s the real intent? – Letters of Intent and common programme delays

Whats the real intent   Letters of Intent and common programme delays

Letters of intent (LOI) are common throughout the construction industry. They contain a degree of risk and uncertainty. Letters of Intent are usually subject to a financial ‘cap’. Mobilising a contractor’s workforce or procuring long lead-in items are potentially valid reasons for issuing a letter of intent with good intentions by both parties. So how […]

Risk Sharing and the Application of the Public Works Contract for Contracting Authorities in Housing

Risk Sharing and the Application of the Public Works Contract for Contracting Authorities in Housing

6 Common Construction Programme Risks. On 3 July 2023, the Irish Government announced significant risk-related amendments to the suite of Irish Public Works contracts. One potential major issue for contracting authorities is the ‘provision whereby the liability of a contractor to the Employer will be limited to a monetary amount (“the Liability Cap”). In its […]

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