Under Construction – Summer 2019

Welcome to the Summer 2019 edition of Under Construction, our Construction team's quarterly update.

Trifling defects and practical completion

Natalie Pilagos takes a look at the Court of Appeal authority on the meaning of practical completion in the context of the construction of student accommodation, and whether practical completion should only be prevented by defects considered to be more than trifling.

Liquidated damages where a contractor fails to achieve completion

What is the position regarding recovery of liquidated damages where a contractor is in delay but also never actually achieves practical completion? Rebecca May considers the latest guidance from the courts.

Rectification of identified defects and conclusive evidence

We look at the effect of the issue of a Notice of Completion on Making Good Defects on the question of defects.

Good faith and relational contracts

Jill Hamilton looks at the question of good faith in long-term relational contracts.

Replacement cladding costs

On 9 May 2019, the UK Government confirmed that it will allocate £200 million to allow privately-owned high rise buildings to speed up the replacement of unsafe aluminium composite (ACM) cladding.

Fraud and its impact on adjudication enforcement

We consider the implications of PBS Energo A.S. v Bester Generacion UK Limited [2019] EWHC 996 (TCC) regarding whether an adjudication decision procured by fraud is likely to be enforced.