Commercial Disputes Weekly – Issue 213
In this edition of Commercial Disputes Weekly we consider the first decision by the Supreme Court on the meaning of “construction contract”, as well as judgments on agency, novation and interest provisions.
Our construction experts tailor-make solutions that mitigate risk and help deliver successful energy, transport, real estate and infrastructure projects globally.
Economic development and rising living standards are driving investment in infrastructure around the world. Our international team provides a complete legal service, non-contentious and contentious, across the lifecycle of construction projects, from initial development and key commercial considerations through to contract management and dispute resolution.
We advise on projects in the Americas, Africa, Europe and Asia across Energy, Infrastructure, Transport and Real Estate. By combining the commercial expertise we have acquired over years of working in these industries with technical excellence, we minimise risk and maximise business outcomes for our client.
Because we act for lenders, consultants, sponsors, contractors, developers, governments and local authorities, we have a 360-degree view of the needs and concerns of all parties involved in construction contracts, and this informs our balanced approach to drafting, negotiating, advising and advocating for and on behalf of our clients.
In addition to working with standard form construction contracts such as FIDIC, JCT and NEC3, we regularly create bespoke arrangements to ensure the successful delivery of the commercial aspirations of our clients. Utilising the complementary experience of colleagues in areas such as environment, health and safety and finance also ensures that our advice addresses all relevant considerations for construction projects.
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Access To Adjudication Restricted By Supreme Court Decision
In a landmark decision, the UK Supreme Court has restricted access to an alternative form of dispute resolution for deciding construction disputes that is quicker and cheaper than litigation. By narrowly interpreting the reference to “construction contract” at section 104 of the Housing Grants, Construction and Regeneration Act 1996, the Court has effectively confined statutory adjudication to the contracts under which the original works and services were performed.
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Commercial Disputes Weekly – Issue 212
The cases discussed in this edition of Commercial Disputes Weekly illustrate the courts’ approach to interpretation both of statute and contractual terms, in the context of state immunity, protection of water rights, adjudication and loan agreements.
