Category: Legal
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‘We’re worried about a PFI schools handback’
This month’s question comes from a council liaising with a PFI consortium over a schools handback when the contract ends. Steven Carey and Amelia Hamilton explain the pitfalls to beware of. The question We are a local authority responsible for a number of schools in our area. The PFI contracts for some schools are due…
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‘Our main contractor client is withholding payments. What can we do?’
This isn’t the first, and certainly won’t be the last, time I’ve heard about a subcontractor protesting about being treated unfairly by a main contractor client. When I was taking my first steps in the industry I’ve grown to be so passionate about, things were a lot more difficult for subcontractors. That may sound hard to…
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Is the Building Safety Act slowing the pace of cladding remediation?
Meanwhile, Vista Tower in Stevenage has so far been the subject of two separate FTT decisions. The first, DLUHC v Grey GR Limited Partnership granted the government’s application for a remediation order against Grey, the railway workers’ pension fund. The second, Grey GR Limited Partnership v Edgewater (Stevenage) Limited and others, determined Grey’s application for…
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The adjudication juggernaut rolls on: BDW Trading v Ardmore Construction
Adjudication was originally intended as a fast-track, rough and ready process to ensure cashflow through the contractual chain. It has metamorphosed into an elastic procedure which can and will deal with retrospective, multi-million-pound technical disputes, stretching back 30 years, and arising elsewhere than under the particular contract, where evidence might be lacking and witness evidence…
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‘Should we accept a climate resilience contract clause?’
This month’s contract clinic question comes from a main contractor worried about a data centre project where the client wants to put in a clause on climate events. Peter Vinden looks at this growing area of risk As the need for climate-resilient buildings and infrastructure increases, the construction industry will have to contend with many…
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Will a ‘winding-up’ petition force a main contractor to pay up?
The costs of issuing the petition should also be taken into account. In 2022 the deposit required for a petition increased from £1,600 to £2,600. Combined with the petition fee and solicitor’s costs, this results in a minimum outlay of £5,000- £6,000 plus VAT. View the original article and our Inspiration here