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 fast rules in relation to the concept of practical completion, but based on the facts of this case the following should be noted; practical completion is easier to recognise than to define; the existence of latent defects does not necessarily prevent practical completion; there is no difference between an outstanding item yet to be completed and a defective item that needed to be remedied and patent defects that are "trifling" will not prevent practical completion. Whether an item is "trifling" is a matter of fact and degree to be measured against the purpose of allowing the employer to take possession of the works and to use the items as intended.

Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2019] EWHC 989 (TCC)

Judgment: 17 April 2019

The issue of a notice or certificate of making good defects has a deeming effect in that identified defects are deemed to have been made good. Whilst the issue of such a notice does not normally preclude a claim for damages for breach of contract, it may be sufficient evidence that an employer has...