In Grove Developments Limited v Balfour Beatty Regional Construction Limited [2016] EWHC 168 (TCC) the Court determined that the contractor was not entitled to further interim payments beyond the set number of interim payments that the parties had agreed pursuant to the building contract. Summary The parties entered into a JCT Design and Build Contract, […]
An activity schedule is a list of the activities which the Contractor expects to carry out in completing his obligations under the contract. When it has been priced by the Contractor, the sum for each activity or each group of activities is the price to be paid by the Employer for that activity or group. […]
The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice requirements then a party risks invalidly terminating the contract, and exposing itself to a wrongful termination action. Recent case law […]
McGlinn v Waltham Contractors Ltd & Others McGlinn issued proceedings as a result of alleged defective work in the building work carried out to his property. Before issuing the proceedings, McGlinn went through the steps prescribed by the Pre-Action Protocol for Construction and Engineering Disputes. This led to a mediation which was unsuccessful. However, […]
John Sisk & Son Ltd v Carmel Building Services Ltd [2016] EWHC 806 (TCC) This was an appeal brought by the claimant contractor (“Sisk”) seeking variation or remission of an arbitrator’s award that the defendant subcontractor (“Carmel”) was due £975,965.48 plus interest on termination. The appeal was made by way of a Part […]