The Supreme Court has clarified that a collateral warranty in traditional form is not a construction contract under the Housing Grants (Construction and Regeneration) Act 1996 and, therefore, does not engage the payment or adjudication provisions of the Act.

The TCC has recently handed down a decision in the case of McLaughlin & Harvey Ltd v LJJ Limited, providing guidance on the “slip rule”.

Earlier this year, we examined the Court of Appeal's decision in Churchill v Merthyr Tydfil County Borough Council and discussed how this case highlighted the court's ability to compel parties in court proceedings to engage in Alternative Dispute Resolution (ADR) such as mediation. 

Triathlon Homes LLP v (1) Stratford Village Development Partnership (2) Get Living plc (3) East Village Management Limited [2024] UKFTT 26 (PC)

Background

In 2023, adjudication remained a popular process for resolving disputes within the construction industry. Some of these disputes ultimately required input from the courts, which provide us with many interesting and relevant cases. We have highlighted some of the key commercial lessons arising from them below. 

Background

In 2023, the construction industry continued to provide many interesting and relevant cases. We’ve highlighted some of the key commercial lessons arising from them below. 

The Court of Session upheld an adjudicator’s decision and ordered Scottish Hydro Electric pay £1.8 million to Amey Power Services and UK Grid Solutions, following a delay in the delivery and installation of two transformers. 

The court held an adjudicator does not need to expressly refer to a party’s arguments, provided it is shown that the adjudicator has generally considered the submissions made and decided those with reasons. This case demonstrates the increasing difficulty parties have in resisting enforcement of adjudicators’ decisions.