Articles by Tim Mould

The end of “Smash and Grab” construction adjudications?

Construction contract employers who are aggrieved at having to pay out an interim application in full (because they forgot or made mistakes with their payment notices) may now no longer be stuck with that outcome for long, following the recent decision of Grove Developments Ltd v S & T (UK) Ltd handed down recently by […]

The new Pre-Action Protocol for Construction and Engineering Disputes

Pre-Action Protocols, tailored for specific types of dispute, have been a feature of the litigation landscape for many years. They represent good practice and compliance is mandatory. A party runs the risk of costs sanctions if it fails to observe an applicable Protocol. One of the main objectives of Protocols is to encourage an early resolution […]

Settlement agreements and construction contracts: the right to adjudicate

The right to adjudicate a dispute under a construction contract at any time is a powerful tool.  Understandably, parties are reluctant to pursue a claim if the only viable route to do so is to commit to the time and costs of Court or arbitration proceedings.  A decision to commence a construction adjudication (under statutory […]

Interpreting limitation and exclusion of liability provisions

Last month the Judge in charge of the Technology and Construction Court handed down Judgment in Persimmon Homes Ltd & others v Ove Arup & Partners Ltd & another [2015] EWHC 3573 (TCC).  The Judgment concerned in part the interpretation to be given to limitation and exclusion of liability provisions within Arup appointments/warranties. It is […]