High Court grapples with what constitutes 'construction operations'

High Court grapples with what constitutes 'construction operations'

 

In Engie Fabricom UK Ltd v MW High Tech Projects Ltd [2019] EWHC 1876 (TCC), the central issue was whether works carried out at a gasification power plant were 'construction operations' as defined by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996).  This had a crucial bearing on whether the adjudicator, whose decision the court was being asked to enforce, had jurisdiction to determine the dispute in the first place. Section 105(2) of the HGCRA 1996 lists exclusions from the definition of 'construction operations'. It includes work on a site where the 'primary activity' is power generation (section 105(2)(c)(i)). 

Here, the parties' dispute a

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About the author:

Jonathan is a Partner at Simmons & Simmons.

Jonathan specialises in defending professional indemnity claims against construction professionals (including architects, engineers, and surveyors) and major contractors. He also regularly advises on complex, high value coverage disputes for London market insurers.

Jonathan has experience of a wide variety of construction disputes involving iconic buildings, sports grounds, schools, hospitals, large residential schemes, commercial/retail and waste to energy facilities. 
 
His caseload routinely involves mediations and litigation (generally in the Technology and Construction Court), and he also has arbitration and adjudication experience.
 
Jonathan has undertaken a year-long client secondment at a major international Insurer, which provided him with invaluable first-hand experience of the insurance market.