What is the Due Date for Payment Applications under JCT 2016 Main Contracts? We have taken numerous enquiries from Main Contractors operating across Essex
Employer Payment Notices in Construction Contracts Payment Notices are required to notify the sum to be paid under the Construction Contract The Housing Grants Construction
Pay Less Notices advise what the employer considers is due. They can be challenged.
A guide to Construction Adjudication MJD Solicitors, specialists in construction disputes and adjudication, provide their guide to Construction Adjudication. Although first written in 2015, it
Strategies for Resolving Construction Disputes The construction industry is inherently complex and dispute-prone. With multiple parties involved in any given project, including owners, contractors, subcontractors,
As the economy deteriorates, we see an increasing number of enquiries about Payment Debts Interest and recovery costs Although an invoice is relevant to the
The administration of Geoffrey Osborne is bad news for the entire supply-chain; pay when paid upon insolvency has far reaching consequences
Where a contractor advances terms of contract that contravene the Construction Act, that contractor can then rely on the Construction Act to recover monies within adjudication.
Because of the delays in the county court we advise adjudication
Conditions precedent to loss & expense in JCT 2016 forms according to judgment
When faced with bad debts the preferable option is adjudication
The TECSA low cost option for Adjudication is excellent
Millions in unpaid retentions are due. Consider Adjudication to collect
The defect liability period operates to benefit the contractor
In the dynamic and multifaceted world of construction, disputes are often an inevitable part of the process. The complexity of construction projects, involving various stakeholders,
MJD Solicitors – Understanding Construction Law; What is the Construction Act? Construction law is a multifaceted field that governs the various aspects of construction projects,
The foundation of a successful construction project lies not just in the quality of materials or expertise of the workforce, but significantly, in the blueprint
MJD Solicitors – What are LADs in Construction? The construction industry is a complex environment, where projects can span over several months or even years,
Barely a week passes without another significant construction insolvency. With the majority of construction contracts allocating inflationary risks to the main contractor, the ever-increasing number
The JCT publishes a comprehensive range of contract documentation for UK construction projects. JCT are widely considered to be the most commonly used (albeit often
understand how conditions precedent in construction contracts can be fatal to entitlements
litigation v Adjudication – what is preferable?
If contractors cannot avoid conditions precedent to loss & expense claims then they must ensure they do comply
Liability of Sub-Contractors for Liquidated Damages Under JCT MJD Solicitors see many disputes on liquidated damages (LADs). The permutation for disputes on LADs is endless.
When is a collateral warranty a construction contract? When can a beneficiary be adjudicating under a collateral warranty? What will the Supreme Court decide in
JCT Construction Contracts: JCT Serving Proceedings Abroad If the Employer of a construction contract is based overseas you may wonder how you serve court proceedings
Recover Debts quickly & cheaply What is the best way to collect a debt? How do you recover debts quickly and cheaply. It depends. Doing
Wes Future Limited v Allen Wilson Construction Limited – Revisited MJD Solicitors were instructed by a main contractor client who was defending a construction dispute
WRB (NI) Limited v Henry Construction Projects Limited In this case Henry Construction Projects Limited (“Henry”) entered into contract with a non-trading dormant company. It
Fast recovery of money in construction contracts In November 2011 I uploaded a power point presentation that I had presented to clients concerning the key
Construction Act Notices In November 2011 I uploaded a power point presentation that I had presented to clients concerning the key changes that had
Subject to contract negotiations and letters of intent – don’t walk off site before checking it out The general rule is that letters of intent
An “iffy” contract – What to do if there no contract or if work is carried out and is agreed outside of the scope of
Recovery of Late Payment The purpose of this blog is to consider the recovery of late payment and what costs can be claimed. The Late
Adjudication was set up with the intent of providing parties within the construction sector a fast and relatively cheap way of resolving disputes.
The case of Walter Lilly & Company v Giles Mackay and DMW Developments Limited 2012 should be of particular interest to those engaged in the
Amendments to the Construction Act are now live. All contracts entered into after 1 October 2011 , whether oral or in writing, will fall under
Many construction contracts involve a huge number of documents, which sometimes have conflicting terms. In such cases, the liabilities that a party assumes under a
many FM Contractors remain unaware of the true risks to which they are exposed or how to mitigate such risks when negotiating the terms of the FM Contract with the special purpose vehicle (“SPV”).
In 2010 MJD director, Matthew Dillon, led seminars in Birmingham and London on Operational PFI Contracts, specifically addressing the issues that managers needed to be
Conditional Fee Agreements (“CFA’s”) are a relatively new phenomenon first introduced in 1995 for a very limited case type in which legal aid was not
It has long been thought that a party’s liability for liquidated damages ended upon the termination of his contract. Indeed as stated in Keating on
I have previously written on the issue of what a “substantial remedy” is under the Late Payment of Commercial Debts (Interest) Act 1998. This is
The case of Crowley Civil Engineers v Rushmoor Borough Council provides a number of useful reminders on the need to exercise caution when working near
In February and March 2010 Matthew Dillon will be presenting a number of full day courses for the Construction Study Centre. These include “Operational PFI
The recent case of Costain Limited -v- Charles Haswell & Partners Limited provides useful guidance on how the Court should allocate costs at the end
On the 10th December 2009, FM World, the magazine of the British Institute of Facilities Management (BIFM) published a legal article written by Matthew Dillon.
Although the majority of Building Contractors are aware that the risk profile of PFI contracting is significantly more onerous than that under traditional forms of
The majority of standard form building contracts provide for interest to be paid by the employer in the event that payment is not made in
It is well known that if a responding party wishes to raise a cross-claim by way of a defence to a claim, a withholding notice
