Africa Construction Law Week: West Africa Sub-Regional Session

HSF is proud to support the work of Africa Construction Law (ACL) and will be participating in the West Africa sub-regional session of the ACL’s upcoming inaugural virtual conference, Africa Construction Law Week. The virtual conference will bring together experienced construction law professionals from across the continent (West, East, North, South, Francophone and Lusophone) to … Read more

Case Digest: TCC enforces adjudicator’s decision notwithstanding that relevant construction contract included exclusive jurisdiction clause in favour of foreign court

Motacus Constructions Limited v Paolo Castelli SPA [2012] EWHC 356 (TCC) concerned an application for summary judgment to enforce an adjudicator’s decision, which raised an apparently novel question as to whether the inclusion of an exclusive jurisdiction clause in favour of a foreign court in a construction contract for works in England precluded the English … Read more

A cautionary tale on sub-optimal termination

The termination of a contract is a serious matter that can arise all too commonly in the construction industry. It is an area fraught with risk and the consequences for wrongfully terminating a contract – even where you think you have the right to do so – can be severe as an employer learned in … Read more

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