CIBER Construction Claim Consultancy

CIBER Construction Claim Consultancy CIBER is a Non-Recourse and Construction Claims and Dispute resolution Company, specialising in Adju

Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd EWHC 4030 (TCC) Queen's Bench Division, Technology and Constructio...
10/11/2022

Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd EWHC 4030 (TCC) Queen's Bench Division, Technology and Construction Court Mr Justice Ramsey 16 December 2013 Contract – Breach of contract – Repudiatory breach – Claimant employing defendant under contract to carry out mechanical and piping work at new biofuel plant – Project being subject to delays – Claimant contending defendant failing to complete on agreed date and failing to provide a revised programme of works – Claimant terminating the contract on the ground of alleged material breaches by the defendant – CLaimant seeking declarations from court – Whether defendant in repudiatory breach of contract – Whether valid notice being given to defendant that failure to proceed regularly and diligently – Whether claimant in breach of contract by barring the defendant from entering work site and completing work....

payment,dispute,resolution,services,privacy,claims,expert,quantity

Kings College 2022 Construction Adjudicationin the United Kingdom:Tracing trends and guiding reform
04/11/2022

Kings College 2022 Construction Adjudicationin the United Kingdom:Tracing trends and guiding reform

payment,dispute,resolution,services,privacy,claims,expert,quantity

RICS set lower fee for construction adjudication service in relation to claims of £50,000 or less, with fixed Adjudicato...
28/10/2022

RICS set lower fee for construction adjudication service in relation to claims of £50,000 or less, with fixed Adjudicator’s fees being pulled back into line. Having recently had the misfortune to encounter a particular bad RICS adjudicator who frankly didn’t read the documents sent to him, nor had any grasp of recent changes in case law but unashamedly charged over 100 hours for a straightforward adjudication, it is refreshing to see RICS having the good sense to bring standard charges for smaller adjudications into play....

payment,dispute,resolution,services,privacy,claims,expert,quantity

csb@ciberadr.co.uk Assignment Assignment involves the transfer of an interest or benefit from one person to another. How...
21/10/2022

[email protected] Assignment Assignment involves the transfer of an interest or benefit from one person to another. However the 'burden', or obligations, under a contract cannot be transferred. Assignment in construction contracts As noted above only the benefits of a contract can be assigned - not the burden. In the context of a building contract: the employer may assign its right to have the works constructed, and its right to sue the contractor in the event that the works are defective – but not its obligation to pay for the works;...

payment,dispute,resolution,services,privacy,claims,expert,quantity

Advance JV & Ors v Enisca Ltdn csb@ciberadr.co.uk Thursday, 13th October 2022 EWHC 1152 (TCC) In a decision dated 8 Febr...
14/10/2022

Advance JV & Ors v Enisca Ltdn [email protected] Thursday, 13th October 2022 EWHC 1152 (TCC) In a decision dated 8 February 2022, an adjudicator decided that Advance did not issue a valid pay less notice against an interim application for payment and that, consequently, Advance was to pay Enisca the sum of £2.7million. In general terms, the amended NEC3 subcontract form provided that:...

payment,dispute,resolution,services,privacy,claims,expert,quantity

Terms Incorporated by Reference – Contract Law When scanning a contract it is common to encounter schedules, annexes, ap...
07/10/2022

Terms Incorporated by Reference – Contract Law When scanning a contract it is common to encounter schedules, annexes, appendices that are incorporated by reference to other documents, additional contracts and supplementary terms and conditions. Often this referenced material is essential to the form and consequences of a legal agreement. And too often it is overlooked. But when can this additional material be insufficiently incorporated into a contract, rendering it of no legal consequence?...

payment,dispute,resolution,services,privacy,claims,expert,quantity

This Checklist sets out a suggested list of matters to consider when reviewing the assignability of a construction contr...
30/09/2022

This Checklist sets out a suggested list of matters to consider when reviewing the assignability of a construction contract such as a building contract, consultant appointment or collateral warranty. It also considers the steps to be followed to complete an assignment of the benefit of a construction contract from one party to another. Does the construction contract contain assignment provisions?Most construction contracts contain an express provision relating to the assignment rights of the parties.If the contract is silent in relation to assignment, assignment of the contract by either party is permitted without restriction.Sometimes, the contract may expressly prohibit assignment of the contract by one or both parties....

payment,dispute,resolution,services,privacy,claims,expert,quantity

Court of Appeal confirms no interim payments after the schedule expired (Balfour Beatty v Grove) Posted by csb@ciberadr....
17/09/2022

Court of Appeal confirms no interim payments after the schedule expired (Balfour Beatty v Grove) Posted by [email protected] www.cadr.uk Construction analysis: The Court of Appeal has upheld, by a majority of two to one, the Technology and Construction Court (TCC) decision that a contractor was not entitled to interim payments after the final date in a schedule specifying dates in the interim payment process (the schedule) had elapsed....

https://www.cadr.uk/what-happens-when-the-payments-run-out/

payment,dispute,resolution,services,privacy,claims,expert,quantity

Different jurisdictions apply different meanings to the words "without prejudice". A recent Scottish case, Transform Sch...
10/09/2022

Different jurisdictions apply different meanings to the words "without prejudice". A recent Scottish case, Transform Schools (North Lanarkshire) Limited v Balfour Beatty Construction Limited and Balfour Beatty Kilpatrick Limited,1 provides a useful reminder of some key issues that often arise in the course of construction disputes, in particular in the context of enforcement of adjudicator's decisions arising from breach of natural justice....

payment,dispute,resolution,services,privacy,claims,expert,quantity

He Who Avers Must Prove 2 MIN READ The recent Scottish case of SGL Carbon Fibres Ltd v RBG Ltd has reiterated the establ...
06/09/2022

He Who Avers Must Prove 2 MIN READ The recent Scottish case of SGL Carbon Fibres Ltd v RBG Ltd has reiterated the established principle of “he who avers must prove”. SGL employed RBG Ltd to carry out engineering works at their premises in Scotland under the NEC3 Option C engineering and construction contract. A dispute arose between the parties concerning an alleged over-payment by SGL to RBG....

payment,dispute,resolution,services,privacy,claims,expert,quantity

Suspension of performance in construction contracts Construction contracts will generally require that the contractorpro...
27/08/2022

Suspension of performance in construction contracts Construction contracts will generally require that the contractorprogresses the works regularly and diligently. There is no common law right that allows suspension of performance of the works, however, there are contractual and statutory provisions under which the contractor may suspend performance. The Housing Grants, Construction and Regeneration Act 1996 is intended to ensure (amongst other things) that…...

payment,dispute,resolution,services,privacy,claims,expert,quantity

With the recent Court of Appeal decision in Arcadis Consulting v AMEC EWCA Civ 2222 highlighting the risks involved in w...
27/08/2022

With the recent Court of Appeal decision in Arcadis Consulting v AMEC EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law I. What are letters of intent? A letter of intent or LOI, is a general term for a document that expresses an intention on the part of a party to enter into a formal contract at a later date and in the meantime requests the other party to carry out works before the finalisation of that contract....

payment,dispute,resolution,services,privacy,claims,expert,quantity

Address

International House 24 Holborn Viaduct
London
EC1A2BN

Opening Hours

Monday 9:30am - 5pm
Tuesday 9:30am - 5pm
Wednesday 9:30am - 5pm
Thursday 9:30am - 5pm
Friday 9:30am - 5pm

Telephone

+447535161952

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