The following Construction guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
This article appears as originally published in Construction Law on 1 November 2013 and is not maintained.
Ann Levin and Estelle Katsimani of Herbert Smith Freehills analyse an application to appeal an arbitration award in a case where a contractor suspended work because it feared going bust if it proceeded.
Morris Homes suspended construction work for 18 months alleging that due to the financial crisis it risked ‘commercial suicide’ if it continued with the project
An obligation to carry out the works ‘diligently’ relates also to the time in which such works are carried out
It must be ‘clear cut’ that the criteria in ss 69(3)(c) and 69(3)(d) of the Arbitration Act 1996 are satisfied for leave to be granted
A question of law may not be considered ‘one of general public importance’ under s 69(3)(c)(ii) even if the relevant contractual provisions are commonly used, if the events to which they are applied are one-off events
In Morris Homes specific events which required the works to be completed as soon as possible were considered to be one-off events
In Morris Homes (West Midlands) Ltd v Keay  EWHC 932 (TCC), Morris Homes (MH), the contractor, had purchased land from the Keay brothers (Keay) on which
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.