Articles by Tim Mould

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 […]