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The decision in (1) GPP Big Field LLP and (2) GPP Langstone LLP v Solar EPC Solutions SL (formerly known as Prosolia Siglio XXI) [2018] EWHC 2866 (Comm) has applied the Supreme Court’s recast penalties test from Makdessi1. The decision is one of the few construction cases that have applied Makdessi in determining whether liquidated … Read more
London-based Construction & Infrastructure Disputes partners James Doe and David Nitek have authored the chapter on ‘Construction Arbitration and Turnkey Projects’ in the second edition of Global Arbitration Review’s Guide to Construction Arbitration. Read more
Last week, the Court of Appeal handed down its judgment in S&T (UK) Limited v Grove Developments Limited [2018] EWCA Civ 2448. This judgment has been keenly awaited by construction practitioners due its significant implications for the practice widely known as ‘smash and grab’ adjudications, in relation to which the Court of Appeal has now … Read more
The Court of Appeal judgment in North Midland Building Limited v Cyden Homes Limited [2018] EWCA Civ 1744, which was handed down last week, firmly upholds the first instance decision (on which we provided a Legal Briefing in 2017); and confirms that the prevention principle is not an overriding rule of public or legal policy, … Read more