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31
Jul

Construction Adjudication: Cherry picking what is submitted to Adjudication

by Charles Edwards
Charles Edwards, Barrister and TECBAR Adjudicator reviews a case which considers whether a party in adjudication should be allowed to prune their claim which forms part of a larger claim submitted to adjudication, in essence cherry picking that which they submit to adjudication from a larger claim?  A recent case in the Technology and Construction
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31
Jul

Incorporation of Terms and Conditions: Battle of the Forms – Useful Guidance from the High Court (TCC)

by Charles Edwards
Charles Edwards, Barrister and TECBAR Adjudicator reviews a case in the Technology and Construction Court which provides useful guidance on the incorporation of Terms and Conditions and the importance of giving reasonable notice of such Terms and Conditions: Transformers & Rectifiers Ltd v Needs Ltd [2015] EWHC 269 (TCC). The Claimant and the Defendant entered
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31
Jul

Practical Completion: Construction Contracts

by Charles Edwards
Charles Edwards, Barrister and TECBAR Adjudicator reviews a case in the Technology and Construction Court which provides useful guidance on Practical Completion: O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC). The Claimant in the proceedings was a Contractor who entered into a Construction Contract with the First Defendant (“HSN”)
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31
Jul

FIDIC Yellow Book: Major Construction Project, Extension of Time, Conditions Precedent, Termination of Contract – Guidance from the High Court (TCC)

by Charles Edwards
Charles Edwards, Barrister and TECBAR Adjudicator reviews the case of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar [2014] EWHC 1028 (TCC).   The Technology and Construction Court (TCC) found that the Employer under a FIDIC Yellow Book had lawfully terminated the Contract for continuing grounds of non-compliance by the Contractor under
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31
Jul

Arbitration: Enforcement of a Dubai Arbitration Award in the High Court (TCC) in England – The Approach of the High Court to Section 103 of the Arbitration Act 1996

by Charles Edwards
Charles Edwards, Barrister and TECBAR reviews the case of Honeywell International Middle East Ltd v Meydan Group Llc [2014] EWHC 1344 (TCC), where the High Court enforced a Dubai Arbitration Award in the sum of approximately £12.6 Million made by a tribunal in an international arbitration under the rules of the Dubai International Arbitration Centre
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New Temple Chambers is a specialist and highly skilled set of barristers chambers specialising in construction and engineering, chancery and commercial law.

        

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