News

Delay and termination: When does delay become repudiatory? Lessons from Durkan v Wallace
Delay can put enormous commercial pressure on a construction project. But even significant delay does not automatically give a party the right to terminate. The …
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Fitness for Purpose in Construction Contracts: Understanding the Risk
Fitness for purpose is one of those phrases which can appear relatively innocuous in a construction contract but it can materially change the risk being …
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Suspension for Non-Payment: Getting the Strategy Right
Suspension for Non-Payment: Getting the Strategy Right Suspending construction work can be powerful leverage when payment is not made. It can also create a second …
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JCT Contract Amendments: 10 Key Risks to Check Before You Sign
A JCT contract may look familiar, but that does not mean the risk allocation is standard. The most commercially important terms are often found in …
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On-Demand Performance Bonds: Why a Genuine Contract Dispute May Not Stop a Call
On-Demand Performance Bonds: Why a Genuine Contract Dispute May Not Stop a Call A contractor may be convinced that it has a strong extension of …
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Is Your Payment Application Valid? Lessons from Netomnia v MJ Quinn
Is Your Payment Application Valid? Lessons from Netomnia v MJ Quinn A construction payment application can identify the amount claimed and explain how it has …
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Delay, Termination and Repudiatory Breach: Durkan v Wallace
The Technology and Construction Court (“TCC”) has recently handed down judgment in Durkan Estates Ltd v Wallace Estates Ltd [2026] EWHC 2003 (TCC), refusing a …
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Fraudulent Claims and the Importance of Credible Evidence: Lessons from Elliott v Lloyd’s for Construction Disputes
Although Elliott v The Members of Lloyd’s Syndicate 4444 [2026] EWHC 1773 (TCC) arose from a domestic subsidence insurance dispute, the judgment contains several important …
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The TCC Reaffirms the High Threshold for Interim Relief Under Section 44 of the Arbitration Act 1996: BLL v STI
In BLL v STI [2026] EWHC 1678 (TCC), the Technology and Construction Court considered the circumstances in which it may exercise its powers under section …
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