Happy new year from the Lexis®PSL Construction team! The key items we look at this week are: (1) A Technology and Construction Court (TCC) decision concerning non-delegable tortious duties in construction (Willmott Dixon v Robert West); (2) A Court of Justice ruling about standing to bring a public procurement challenge (Technische Gebäudebetreuung); and (3) A decision of the TCC on causation and damages in public procurement (Energy Solutions v NDA).
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
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