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Construction law weekly: TCC on adjudication settlement scope and BLO procedure; Welsh building and infrastructure reforms; CPR PD updates; CLC letter; HMRC CIS changes; new JCT sub-contract precedents

Published on: 13 June 2024

Published by a LexisNexis Construction expert
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In this issue:

  • Adjudication
  • Building safety
  • Planning
  • Litigation
  • Construction industry news
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Adjudication

Contractual interpretation in adjudication disputes (Dawnvale v Hylgar)

In Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC), the court reviewed the reach of a Tomlin Order/Settlement Agreement concluded after settling enforcement of an adjudicator’s decision, and assessed whether its wording barred a proposed second adjudication. It also had to determine if that proposed reference raised a dispute already resolved by the first adjudication. This ruling underlines the need for exact drafting in settlement agreements and the prospect of further claims where matters are not expressly concluded. Written by Michael O’Connor, partner at Charles Russell Speechly LLP. See News Analysis: Contractual interpretation in adjudication disputes (Dawnvale v Hylgar).

Building safety

Building liability orders: court gives guidance on procedures in first reported case (Wilmott Dixon v Prater)

In Wilmott Dixon Construction Limited v Prater Ltd [2024] EWHC 1190 (TCC), the TCC declined to stay proceedings arising from an application for a building liability order (BLO)...

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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