Welcome to the Summer 2019 edition of Under Construction, our Construction team's quarterly update.
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.
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.
We look at the effect of the issue of a Notice of Completion on Making Good Defects on the question of defects.
Jill Hamilton looks at the question of good faith in long-term relational contracts.
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.
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.
Please also take a look at Rebecca May's post on the slip rule allows consequential amendments following gateway error.
