Allocating risk under Building Contracts

Parties to a building contract are required to deal with a variety of risks that may affect them during a construction project. Some risks are common to most building projects but others may be project specific. It is imperative when…

Contractor insolvency – an Employer’s viewpoint

The construction industry depends on regular cash flow and the financial disaster of contractor insolvency can derail an entire construction project. Here we consider the measures an employer may take to protect itself from a contractor becoming insolvent during or…

Adjudication Cases Part 1 of 2018

This series of articles continues the reporting and review of cases on the enforcement of adjudicators’ awards begun in the Journal of the Chartered Institute of Arbitrators. 107473.001 SH Construction Case Booklet FIN[1] This document is available to be read…

Break clauses: how to avoid the traps

A large number of my clients are commercial tenants and following the financial earthquake that shook the nation in 2008, commercial tenants are adopting a more cautious approach by taking shorter leases. Almost every client of mine also insists on…

The end of Smash & Grab adjudications?

Will Mr Justice Coulson’s TCC swan song in the case of Grove Developments Limited v S&T (UK) Limited [2018] EWHC 123 (TCC) signal the end of so-called “smash and grab” adjudications? Here we consider the potential impact of this case…