Construction and engineering News

Pay Now - don't stay adjudication enforcement for arbitration (MBC Sefton v Allenbuild) - an analysis by James Davison

13th September 2022

3PB's James Davison, who specialises in construction and engineering disputes as well as in the procurement and financial arrangements that fund construction/development projects, analyses the decision in MBC Sefton v Allenbuild Ltd [2022] EWHC 1433 (TCC). The case has clarified some of the remaining conflicts between the Housing Grants Construction and Regeneration Act 1996 (as amended) and the Arbitration Act 1996 (AA 1996) in quite sweeping terms. This article was first published by Lexis®PSL on...

Duo join construction and engineering team at 3PB

17th June 2022

3PB Barristers (3 Paper Buildings) are delighted to announce today that the team has taken on two new members to their 234-strong team, senior barrister Patrick Heneghan (pictured right) and surveyor-turned-barrister William Charlesworth. Both are based at the large national chambers' London office in the Inner Temple. Former Skaddens partner, Patrick Heneghan left the US law firm after almost 15 years in its international litigation and arbitration team. More recently Patrick has been assisting retired High...

Five years after Grenfell, Philip Bambagiotti calls for new law reform strategy to address widespread problems of defective buildings

13th June 2022

On the eve of the fifth anniversary of the Grenfell Fire, leading building safety and cladding disputes barrister Philip Bambagiotti from 3PB (3 Paper Buildings), pictured here, has said that the experience in Australia is that "a new regulator and policing regime is likely to have difficulties in delivering the promised, safer buildings, or in providing adequate remedies for residents blighted by unsafe cladding. We need to a broad, bold, comprehensive approach if we are to bring...

Peter Collie receives a Distinguished Service Award

26th May 2022

Peter Collie (pictured here), who heads 3PB's Head of Construction & Engineering team, was given a Distinguished Service Award by the Dispute Resolution Board Foundation (DRBF) at their international conference this month. The DRBF is a non-profit organization dedicated to promoting the avoidance and resolution of disputes worldwide using the unique and proven Dispute Board (DB) method and gives assistance  by providing advice and suggestions tailored for the conditions and practices existing in project areas....

Philip Bambagiotti predicts more cladding litigation in Australia   

23rd May 2022

3PB's international construction and arbitration barrister Philip Bambagiotti (pictured here) has predicted looming ahead, building defects litigation over unsafe cladding in Australia, despite attempts to settle issues in NSW and Victoria. In a wide-ranging article for The Urban Developer, Philip outlines that cladding is far from a settled issue in Australia, with NSW’s Project Remediate expected to run until 2024, and Victoria’s scheme until 2025. Despite funding schemes in place, commentators say the total costs...

Nick Kaplan wins for Bexheat in TCC   

21st April 2022

3PB's construction and engineering barrister Nick Kaplan, pictured here and instructed on a direct access basis through Harris Consulting International, acted for Kent-based plumbers Bexheat in the Technology and Construction Court (TCC) at the Royal Courts of Justice in London in the case of Bexheat Ltd v Essex Services Group Ltd 2022 WL 01158724 (2022), with judgement handed down by Mrs Justice O’Farrell DBE. The case was brought by Nick's client Bexheat ("BHL") for summary...

James Davison reviews the Avantage (Cheshire) Limited v GB Building Solutions Limited case

29th March 2022

James Davison, 3PB’s specialist construction law barrister (pictured here) has reviewed the case of Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration) and others [2022] EWHC 171 (TCC) The Technology and Construction Court (TCC) refused to grant summary judgment against the claimant, in a claim brought against a fire engineering consultant in tort. The court was not persuaded that the claimant had no realistic prospect of establishing that the defendant had...

Philip Bambagiotti appointed to Shenzhen Court of International Arbitration

3rd March 2022

Distinguished arbitrator and barrister Philip Bambagiotti, pictured here, from 3PB Barristers (3 Paper Buildings) who practises from chambers in London and Sydney, has been appointed as an arbitrator of the Shenzhen Court of International Arbitration (SCIA) and included on their panel of arbitrators for a three-year term until February 2025. Established in 1983 at the start of China’s reform and opening-up, the SCIA (also known as the “South China International Economic and Trade Arbitration Commission”,...

Peter Collie to speak at FIDIC’s International Contract Users’ Conference 7-9 December 2021

30th November 2021

3PB Head of Construction and Neutrals Peter Collie (pictured here) will be speaking at FIDIC’s International Contract Users’ virtual conference on 7 and 9 December 2021. A member of FIDIC’s Contracts Committee, Peter will take part in the Committee’s update session on 7 December 11:20-12:00, looking into the Committee’s recent (2021 Green Book, Covid-19 Guidance Memorandum for Consultant’s Services) and imminent publications (Guide to the 2017 Suite of Contracts, etc.), as well as their on-going...

3PB Head of construction and neutrals Peter Collie to speak at the UAE-English Law Day in Dubai on Thursday 25 November

22nd November 2021

Head of Construction and Neutrals Group Peter Collie will talk at the UAE-English Law Day, part of a panel focusing on Sustainable construction and renewable energy on Thursday 25 November at the Waldorf Astoria Dubai International Financial Centre, Al Mustaqbal St - Za'abeel - DIFC - Dubai. Click here to view the event’s programme and to book your space. The event is part of the UK Legal Services trade mission to the UAE from 22...

3PB reviews abatement, the Sale of Goods Act 1979 and the Readie Construction case

22nd November 2021

3PB’s pupil barrister Jakob Reckhenrich (pictured here) has analysed the case of Readie Construction Limited v Geo Quarries Limited [2021] EWHC 3030 (QB). By way of background, Section 49 of the Sale of Goods Act 1979 prescribes the circumstances in which the seller is entitled to sue for the price. The seller has to demonstrate either that property in the goods has passed (which will be problematic if the contract contains a retention of title clause), or that the...

Seb Oram on the implications of Supreme Court case Triple Point v PTT [2021] for commercial and construction practitioners

9th September 2021

3PB’s specialist commercial and construction barrister Seb Oram (pictured here) has analysed the Supreme Court case Triple Point Technology Inc v PTT Public Co Ltd [2021] UKSC 29 for Lexis Nexis. This case is significant for those who draft commercial contracts (particularly construction and technology contracts) in which parties include provisions to quantify damages in advance, or to cap their liabilities. It is also significant for commercial litigators, since it explains when and how such...