Legal News

Construction weekly highlights—14 October 2021

Published on: 14 October 2021
Published by: LexisPSL
  • Construction weekly highlights—14 October 2021
  • In this issue:
  • Standard form contracts
  • Increasing costs and fluctuations provisions—JCT blog
  • Insolvency in construction
  • Enforcing adjudicator’s decision when claimant is in liquidation (John Doyle v Erith)
  • Contract law
  • Formation of a contract, incorporation of standard terms and conditions, onerous/unusual clauses and penalty clauses (Blu-Sky Solutions Ltd v Be Caring Ltd)
  • Arbitration
  • Hong Kong court stays proceedings in favour of arbitration where no ‘clear intention by the parties to conclusively and unreservedly abandon the arbitration agreement’ (L v M)
  • More...

Article summary

This week's edition of Construction weekly highlights includes a case which examined a number of key contract law issues, including formation of contract and incorporation of standard terms (Blu-Sky solutions v Be Caring), a case in which the Court of Appeal considered whether a company in liquidation may enforce an adjudicator’s decision (John Doyle v Erith), a blog from the Joint Contracts Tribunal (JCT) on the very topical subject of increasing costs and fluctuation provisions, a Court of Appeal case that considered the approach that a court must take when faced with uncontroverted expert evidence (Griffiths v TUI UK), a Hong Kong case in which the court held that there must be a clear intention to abandon a binding arbitration agreement (L v M) and the publication of a letter from the Construction Industry Council (CIC) to the Chancellor of the Exchequer, advising that the government must unlock the power of the construction industry to lead the country through the climate emergency and deliver growth. or take a trial to read the full analysis.

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