Lidl Great Britain Ltd (Lidl) v Closed Circuit Cooling Ltd (3CL)
11/04/2024
Exceptions to the requirement to pay a smash and grab award
I specialise in construction and engineering, advising a wide range of clients within the construction sectors, including contractors, specialist subcontractors, engineers and architects, local authorities and developers.
I work in a wide range of sectors, including infrastructure, housing, student accommodation and office developments, waste and energy and cover all the major forms of contract, particularly NEC, JCT, IChemE and FIDIC, as well as bespoke contracts.
I do a variety of work – from drafting and negotiating contracts, to the project management of legal issues throughout the life of the contract to resolving disputes, usually through settlement, mediation, adjudication or court/arbitration proceedings.
I also give programmes of seminars on topical issues to a variety of trade and professional organisations, including CECA North East and CECA Yorkshire and the Humber, CIOB, and CIHT.
I have drafted/negotiated contracts for;
I have assisted with project managing the legal aspects of a project for;
I have resolved disputes through mediation/settlement discussions relating to the following;
I have resolved disputes through adjudication/arbitration/court proceedings relating to the following;
I recently assisted a developer in relation to a contractor that went into liquidation part way through the build. This involved preparing a new contract for the replacement contractor, dealing with the novation/reappointment of subcontractors, calling on the performance bond and the parent company guarantees, as well as liaising with the funder and prospective tenant. This was not a situation the client has previously encountered and required a substantial effort, negotiation and tenacity on all parts, to get the project back on track and avoid it going into a loss making situation.
Exceptions to the requirement to pay a smash and grab award
Invalid condition to payment process/distinction between a PN and a PLN
Crystal Electronics Limited v Digital Mobile Spectrum Limited [2023] EWHC 2656 (TCC)
Home Group Limited v MPS Housing Limited
We took a look back at key cases in the previous year, and looked ahead to legislative changes for the sector in the coming year
Sarah Wilson and her team were fantastic. I have worked with Sarah for over ten years. She is polite, professional and a great communicator.
We use necessary cookies to make our site work. We'd also like to set optional analytics cookies to help us improve it. We won't set optional cookies unless you enable them. Using this tool will set a cookie on your device to remember your preferences. For more detailed information about the cookies we use, see our Cookies page.
Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.
We'd like to set Google Analytics cookies to help us to improve our website by collection and reporting information on how you use it. The cookies collect information in a way that does not directly identify anyone.
For more information on how these cookies work, please see our Cookies page.