Working for equitable contracts and fair payment terms

Further clarification of Grove and ‘true value’:

Lidl -v- 3CL   TOPICAL ISSUE 583 8/12/23 In the well-known Court of Appeal case of S&T(UK) Ltd -v- Grove [2018] EWCA Civ 2448 (‘Grove’), Sir Rupert Jackson concluded that following a ‘smash and grab adjudication’, it was permissible for a paying party to commence a further adjudication to determine the ‘true value’ of the works. However, […]

Letters of Intent-how to tame the beast—Construction Law

TOPICAL ISSUE 584 8/12/23 Letters of intent can be tricky beasts. They ought not to be, but judging by the number that come across our desks, the industry often appears to be behind the curve of the best practice. My most memorable letter was prepared on a Christmas Eve when the parties were understandably in […]

Mental Health – Let’s talk about it!

Construction workers are ten times more likely to take their own lives than die as a result of a workplace accident. Anyone who has attended a funeral following a suicide will recognise the nagging question “could I have said or done something to prevent this” and to be honest most of us couldn’t. That said, […]

Collateral warranties – an update

Last year, there were two key decisions relating to collateral warranties in Abbey Healthcare (Mill Hill) Ltd-v- Simply Construct (UK) LLP [2022] EWCA Civ 823 and Orchard Plaza Management Co Ltd -v- Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC). In December 2022 it was confirmed that Simply has been granted permission to appeal to the Supreme Court […]

Delay Claims: Best endeavours and acceleration – guidance for contractors

TOPICAL ISSUE – 512 October 2022 This note provides guidance to contractors in the event of delays being incurred to a project and on whether they may recover monies for investing additional resources to counteract the delay event. We explain the concepts of ‘best endeavours’ in the context of delay claims, acceleration and the key considerations […]

Unprofitable contracts – solutions for ever increasing raw material prices

TOPICAL ISSUE – 489 June 2022 The current cost of living crisis is not just a problem for consumers but is also a problem for manufacturers and suppliers. With inflation in the UK at 7.8% in April 2022, the after-effects of the pandemic coupled with significant gas and electricity prices arising from the war in […]

Claims for payment – when is it too late?

One of the first things you learn as a law student is that the standard limitation period for claims in contract is six years in the UK. But when do the six years start running? That is the question the court had to answer in Hirst v Dunbar. The construction works were completed in December 2012, payment […]

Liquidated damages: Supreme Court Overturns Court of Appeal

Calculating the costs for delay – damages for pre and post-termination delay to be treated differently Triple Point Technology, Inc -v- PTT Public Company Ltd [2019] EWCA Civ 230 In the recent Supreme Court Decision of Triple Point, the Supreme Court disagreed with the judgment of the Court of Appeal as to whether liquidated damages for delay occurring […]

VAT reverse charge for construction services

Following the postponement of the VAT reverse charge commencement date in September 2019 and October 2020, HMRC guidance states that the VAT reverse charge on construction services will now come into force from 1 March 2021. The VAT reverse charge brings major changes in how VAT is handled in the construction industry and construction businesses […]

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Terms of application

  1. We/I hereby apply for Contractor Membership of the Confederation of Construction Specialists.
  2. We/I understand that Contractor Membership confers voting rights under the Confederation’s constitution.
  3. We/I understand that when the Confederation refers a member company to an Associate, any advice or help given is under the Associate’s own PI Insurance.
  4. We/I agree that this application will not be approved until the Management Committee has been granted an opportunity to comment on the application.
  5. We/I undertake to fully comply with and be bound by the Constitution and Code of Practice on admission to membership of the Confederation.
  6. We/I have understand that notice of intended resignation from membership must be provided, in writing, to the Confederation’s administrative office at least two months in advance of the membership renewal date.
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