Watson Burton LLP in conjunction with Constructing Excellence in the North East would like to welcome you to First Friday Club.
Further to our previous article commenting on the importance of the recent Court of Appeal Decision in S&T v Grove to “smash and grab” adjudications, the Technology and Construction Court has now applied that Decision and commented in particular on the need to pay a smash and grab award before a true valuation adjudication can be commenced.
S&T (UK) Limited v Grove Developments Limited  EWCA Civ 2448
Case: Arcadis Consulting (UK) Limited v AMEC (BCS) Limited  EWCA Civ 2222
Swansea Stadium Management Company Ltd v City & County of Swansea  EWHC 2192 (TCC)
In the 2017 case of North Midland Building Ltd v Cyden Homes, the TCC held that the prevention principle did not apply and any right to an extension of time was wiped out because of concurrent delay caused by North Midland. The TCC held that the concurrency delay exclusion did not set time ‘at large’ and the prevention principle did not affect the enforceability of such a clause.
Imperial Chemical Industries Limited v Merit Merrell Technology Limited  EWHC 1577 (TCC)
Imperial Chemical Industries Limited v Merit Merrell Technology Limited  EWHC 1763 (TCC).
A former employee of Mulberry who refused to sign a standard contract clause assigning copyright in her work to Mulberry has lost her appeal this week to the EAT.
Haberdashers’ Aske’s Federation Trust Limited and others v Lakehouse Contracts Limited and others  EWHC 558 (TCC)
The second reading of the Construction (Retention Deposit Schemes) Bill 2017-19 (“the Bill”) has been postponed to 15 June 2018.
On 1 January 2017, the new Building Regulation R came into force which now requires those developing new buildings or carrying out major renovations on existing buildings to provide “in-building physical infrastructure” for high-speed internet access i.e. 30 Mbps or above.