On-Site Review: 2024 in Perspective
Many in the construction and development sectors will be approaching this year’s holiday season breathing a sigh of relief and hoping for a well-earned break.
Many in the construction and development sectors will be approaching this year’s holiday season breathing a sigh of relief and hoping for a well-earned break.
On 3 June 2024, twelve Tier 1 UK infrastructure and construction contractors and consultants published their Blueprint for Growth – a set of twelve recommendations for the future government to implement in order to try and improve the UK’s economy, growth and productivity.
After a short break Commercial Disputes Weekly is back with decisions on demurrage, bribery, dispute resolution procedures and the importance of compliance with adjudication notice requirements.
In Commercial Disputes Weekly we consider a crucial decision holding the UK Government to account for failing to comply with its obligations to achieve net zero. We also look at the ever controversial issue of liquidated damages, a stealth jurisdiction argument and an unsuccessful challenge to the Court of Appeal’s approach to allowing grounds of appeal.
A few firsts this week with the successful recovery by a building owner of the costs of replacing cladding post Grenfell and the first decision under the coronavirus rent arbitration scheme. Commercial Disputes Weekly also discusses a key decision in the ongoing quest for recompense by the victims of the Fundao Dam disaster and a Court of Appeal decision in relation to apparent bias.
We look at interpretation in various contexts in this Commercial Disputes Weekly; of statutes by the Supreme Court, non-compete covenants before the Court of Appeal and the High Court has dealt with contractual arbitration appointment provisions and obligations to retender.
Commercial Disputes Weekly Issue 116 looks at when a contractor is covered against liability claims by being coinsured under the project insurance policy. It also considers the repercussions of breaching the embargo on draft judgments.
The cases in this week’s Commercial Disputes Weekly look at the Court’s approach to all types of behaviour including serious error, dishonesty and fraud.
The decision in CC Construction Ltd v Mincione is also a warning for adjudicators on the importance of considering carefully all defences raised by the parties.
Gateway 1 and Fire Statements are intended to integrate thinking on fire safety as part of the planning application process, but will Gateway 1 help implement Hackitt’s recommendations or become a paper exercise?