Case Digest: TCC permits owner to make post-limitation amendment to Particulars of Claim to introduce new claim that contractor was in breach of contract by using combustible cladding on owner’s tower blocks

Martlet Homes Limited v Mulalley & Co. Limited [2021] EWHC 296 (TCC) concerned a claim brought by the owner of several high rise towers against the contractor, who had carried out refurbishment works to the towers, just before the expiry of the relevant limitation periods. The main issue considered by the TCC was whether or … Read more

Case Digest: Court of Appeal confirms demolition must be assessed on quantitative rather than qualitative basis when determining whether conservation area consent is required

In Mr Jean-Francois Clin v Walter Lilly & Co. Limited [2021] EWCA Civ 136, the Court of Appeal considered the correct approach to be taken when determining whether or not construction works amount to demolition for the purpose of s.74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the “PLBCAA”) and thus requiring … Read more

Case Digest: Court of Appeal finds conflict of interest where expert organisation was acting for and against same client on two separate but concurrent related arbitrations

In Secretariat Consulting PTE Ltd, Secretariat International UK Ltd and Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, the Court of Appeal dismissed an appeal against the TCC’s decision in A Company v X, Y and Z [2020] EWHC 809 (TCC) and found that, on the facts, there was a conflict of interest … Read more

Construction Law Masters Podcast Series: Dr Nelson Ogunshakin OBE, CEO of FIDIC

We are pleased to share the next episode in our Construction Law Masters podcast series in which we welcome distinguished guests from the construction industry to discuss their unique experiences and views of various aspects of construction law and practice. In this episode series, James Doe (Partner and Joint Global Head of Construction Disputes) and … Read more

Construction Law Masters Podcast: Asia Series – Goh Han Lee, General Counsel, Legal Engineering & Project Delivery, PETRONAS

We are pleased to share the latest episode in our Construction Law Masters in Asia podcast series in which we welcome distinguished guests from the construction industry across Asia to discuss their unique experiences and views of various aspects of construction law and practice. In this episode series, Peter Godwin (Managing Partner, Kuala Lumpur) interviews … Read more

Clarification of NSW building limitation periods: NSW Court of Appeal decision

By Michael Lake, Katherine Mackellar and Samuel Hamilton Lindsay. In November 2020, the New South Wales Court of Appeal published its reasons in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd.1 The Court affirmed that the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) provides a long-stop limitation period of 10 years for … Read more

Construction Law Masters in Asia: Anselmo Reyes, International Judge

We are pleased to announce the release of the first episode in our Construction Law Masters in Asia podcast series. The series will welcome distinguished guests from the construction industry from across Asia to discuss their unique experiences and views of various aspects of construction law and practice. The first episode features Anselmo Reyes, former … Read more

Construction Contracts and the Corporate Insolvency and Governance Act 2020

In our first two blogs on the Corporate Insolvency and Governance Act 2020 (CIGA), we looked at how: CIGA impacts construction and engineering contracts generally; and to what extent it may affect step-in and automatic termination rights. As the first blog outlined, CIGA materially restricts a contractor or sub-contractor’s options in situations where the recipient … Read more