The English Technology and Construction Court has held that the operation of a pain/gain mechanism in an NEC3 Option C (target cost) form of contract was only to be applied once works had completed, and not on an interim basis.
Following a recent decision in the Technology & Construction Court, this article explores the trend towards looking at the substance of an adjudication notice over its form when ascertaining its validity.
A recent case about the construction of a new hotel using modular methods has provided important guidance on how payment arrangements in construction contracts operate in practice.