Many readers will already be aware of the various alternative dispute resolution (ADR) methods that exist as a means of resolving disputes away from the courts. ADR methods, including mediation, arbitration, adjudication, conciliation and expert determination, have long been of interest to parties who wish to minimise the cost of …

In the recent case of British Overseas Bank Nominees Ltd and others v Stewart Milne Group Ltd [2019] the Inner House of the Court of Session in Scotland, whose decisions are of persuasive authority in England, considered the terms of a collateral warranty granted by a design and build contractor …

Update, September 2019: - Following publication of the article below, HMRC has announced that the Construction Scheme Domestic Reverse Charge has been delayed for 12 months and will now not come into force until 1 October 2020. HMRC will change the way it collects VAT from construction organisations, so businesses operating …

Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on contract terms, which seeks to form a new common ground between clients and the supply chain in the construction sector. It aims to promote collaboration, encourage a fairer allocation of risk through the …

In less than six months' time, HMRC will change the way it collects VAT from construction organisations, so businesses operating in the sector would be wise to prepare for the changes now. From 1 October, the government's new reverse charge taxation system will come into force as part of …

The question of whether liquidated damages can be claimed after termination is relevant in the current climate, where contracts are often terminated following contractor insolvency, among other things. Recently I commented upon the case of GPP Big Field LLP v Solar EPC Solutions which concerned the recovery of liquidated damages …

Case background In GPP Big Field LLP & Another –v- Solar EPC Solutions SL, GPP engaged a contractor, Prosolia UK, on five separate EPC contracts for solar power generation plants in the UK. Each contract allowed for liquidated damages in the event of the contractor's failure to achieve the …

Earlier this year, I reported on the significant judgment of Grove Developments Limited v. S&T (UK) Limited where Mr Justice Coulson had left a significant legacy in the Technology & Construction Court (TCC) before his elevation to the Court of Appeal.  His judgment confirmed that a party does …

The recent case of Rock Advertising v MWB Business Exchange Centres Limited [2018] confirmed that a contract containing a no oral modification (NOM) clause cannot be amended orally. It also raised the question of how contracts are varied and what is the variation, says Martin Collingwood At its most basic …

In the recent case of Rock Advertising Ltd v. MWB Business Exchange Centres Limited [2018],the Supreme Court handed down its much anticipated judgment and concluded that a contract containing a no oral modification (NOM) clause, which states it may only be amended in writing, cannot be amended orally. In …

2016 and 2017 have seen developments concerning two of the UK’s major forms of construction contracts. Our head of construction, Martin Collingwood, considers the implications for industry. Amendments to the JCT suite of contracts The Joint Contracts Tribunal (JCT) began to publish an updated suite of contract documents in …

The Pre-Action Protocol for Construction and Engineering Disputes (the "Protocol") made its appearance some 16 years ago and has now been revised following a wide consultation. The Protocol applies to all construction and engineering disputes (including professional negligence claims) although there are some exceptions to its applicability. The key …