Welcome to Foundations, our construction and engineering monthly newsletter. Foundations will update you with details of what we think are the top three court cases decided in the previous month, a summary of important legislation changes or proposals, and a paper providing insight and guidance on a particular area of construction law and practice in the UK (UK insight). We hope you find our newsletter useful and informative.

UK Insight

Settlement sorted? Five key points to consider when settling construction and engineering disputes

This article presents five key points for parties who are settling a construction and engineering dispute to consider in the drafting and negotiation of their settlement agreement. As to be expected, parties must consider exactly what falls within the scope of the settlement, and ensure this is translated into an accurate and enforceable settlement agreement.

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Top 3 cases

The prevention principle and concurrent delays

Fraser J in North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC) considered the interaction of the prevention principle with concurrent delays, particularly whether the prevention principle can occur alongside concurrent delays.

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The entitlement to interim payments in court proceedings

The issue of applications for interim payments in court proceedings and the importance of having a successful defence is addressed by O’Farrell J in Triuva Kapitalverwaltungsgesellschaft v Galliford Try Construction Limited and Alumet Systems (UK) Limited [2017] EWHC 275 (TCC). It provides helpful guidelines for establishing an entitlement to an interim payment.

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The importance of complying with an adjudicator’s decision

In Actavo UK Limited v Doosan Babcock Limited [2017] EWHC 2849 (TCC) O’Farrell J reiterated the court’s approach to the enforcement of an adjudicator’s decision in circumstances where other conflicting decisions have been obtained.

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Latest Legislation

Legislation Tracker: All for adjudication and adjudication for all? The need to revisit the exclusions from “construction operations” under the Construction Act

In light of Mr Justice Coulson’s recent comments in the decision of Severfield (UK) Ltd v Duro Felgura UK Ltd, and the commencement of the BEIS’s consultation as to the effectiveness of the 2011 changes to the Construction Act, this legislation update considers the extent to which the Act’s exclusions from “construction operations” needs to be revisited.

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