Welcome to the December 2024 issue of the DAC Beachcroft Construction Newsletter.
Our newsletter begins with a roundup of the latest Building Safety news, in particular, the publication of the Government's Remediation Acceleration Plan.
We look at the latest TCC case law, in which adjudication continues to play a prominent role. In Beck Interiors the TCC declined to make an injunction restraining one party from issuing notices of adjudication. In Essential Living the TCC dismissed claims that the adjudicator had acted with bias or breached natural justice requirements. In Workman Part 8 proceedings were used to challenge an adjudicator's decision and determine a point of contractual interpretation regarding responsibility for design under a JCT D&B contract. We also analyse the UK Courts' hardening approach to adjudication enforcement.
Finally, a look at our thoughts on the Autumn 2024 Budget and some predictions for 2025.
Latest developments under the Building Safety Act 2022 – Q4 2024 update
In this quarterly update, we aim to summarise the latest publications and round up developments in Building Safety news since our September 2024 update.
Can the court make a party withdraw an adjudication and/or restrain a party from initiating an adjudication?
In Beck Interiors Ltd v Eros Ltd [2024] EWHC 2084 (TCC), the Court refused to grant Beck's application seeking an injunction to restrain Eros from issuing notices of adjudication.
Upholding Fairness: Natural Justice and Bias Claims in Adjudication Rejected
The Technology and Construction Court ("TCC") upheld an adjudicator’s decision in the matter of Essential Living (Greenwich) Limited v Conneely Facades Limited [2024] EWHC 2629 (TCC), dismissing claims that the adjudicator acted with bias and breached natural justice requirements.
No whey out of the contractor's design liability? – Technology and Construction Court finds that design liability for a dairy churns on the wording
The recent judgment in Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) provides guidance on a number of issues and reinforces the principle that in design-and-build projects, the contractor bears the responsibility for completing the design.
Crossing the Rubicon: UK courts harden their stance against challenges to adjudication enforcement
Following a wave of recent cases throughout the UK, the thorny topic of adjudication enforcement is once again making headlines.
