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Construction disputes - a toolbox of how to avoid them and how to manage them in the early stages

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • April 24 2015

Conflicts arise many times during the lifecycle of a construction project. The vast majority of those are resolved amicably between the parties

TeCSA and the TCC: 25 years of collaboration

  • Berwin Leighton Paisner LLP
  • -
  • United Kingdom
  • -
  • April 22 2015

As Lord Dyson, MR reminded us in last month's excellent Keating lecture, construction law and the TCC used to be perceived as: "a rather dull

Adjudication: waiver in natural justice

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • April 21 2015

Where an actual or suspected breach of natural justice occurs, by far the most common option adopted is to participate in the adjudication until its

Adjudication: communicating with the adjudicator

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • April 21 2015

When deciding who to appoint as adjudicator, the referring party may strive to obtain the appointment of a particular individual as adjudicator

Ad hoc adjudications can be final and binding

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • April 21 2015

In relation to the agreement to adjudicate, where the contract is not one to which the Act applies, evidently it is unnecessary to adhere to the

Restraining calls under on-demand securities

  • CMS Cameron McKenna
  • -
  • United Kingdom
  • -
  • April 17 2015

A recent TCC decision has considered the ability of parties to seek orders restraining calls under on-demand securities by reference to the terms of

Paice and Another v MJ Harding (ta MJ Harding Contractors) 2015 EWHC 661 (TCC)

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • April 9 2015

In this case, there was a rare refusal by the TCC to enforce an adjudicator's decision due to the possibility of bias. The claimant, Paice, had

Khurana and Another v Weber Construction Ltd 2015 EWHC 758 (TCC)

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • April 9 2015

Under the Construction Act adjudication decisions are intended to be binding on an interim basis (meaning they can be finally determined in court or

Galliford Try Building Ltd v Estura Ltd 2015 EWHC 412 (TCC)

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • April 9 2015

In this case, the court, unusually, ordered a partial stay of an adjudicator's decision, after it concluded that to enforce in full would result in

Aspen Insurance UK Ltd v Adana Construction Ltd 2015 EWCA Civ 176

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • April 9 2015

Here the Court of Appeal considered the distinction between public liability and product liability under an all risks policy. The case arose after a