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In Engie Fabricom UK Ltd v MW High Tech Projects Ltd  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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Jonathan is a Partner at Simmons & Simmons. He 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.
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