Construction Law: Our Christmas Top Ten For 2019

It has been a busy year for construction lawyers so, just for a moment, forget the mince pies, advent calendar and carols. Here is a brief rundown of our top ten decisions from the Courts in 2019:

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd / Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27

Judgment: 24 January 2019

Adjudication and insolvency are mutually incompatible. Only in exceptional circumstances would a company in insolvent liquidation succeed in an adjudication, obtain summary judgment and avoid a stay of execution. Also a general reservation as to jurisdiction was likely to be ineffective if the objector knew of specific grounds for a jurisdictional objection or if made just to keep all options open.

Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230 Anchor 2020 Ltd v Midas Construction Ltd [2019] EWHC 435 (TCC)

Judgment: 5 March 2019

In a contract where liquidated damages were calculated to the date that the employer accepted the work, the Court held this to mean the date when the employer accepted the completed work from the original contractor. The original contractor did not complete all of the work. The Court of Appeal concluded that liquidated damages did not apply to incomplete work.

Mears Limited v Costplan Services (South East) Limited and Others [2019] EWCA Civ 502

Judgment: 29 March 2019

There are no hard and...