MCMS Blog

The MCMS Blog is back and will be published bi-weekly every Tuesday from 15th October. Going forward, please access the most up-to-date blog by clicking on the links below, where you can also revisit a selection of the previous blogs. An archive of all of Matt and Jonathan’s blogs can still be accessed via the Practical Law Construction Blog: Jonathan Cope | Construction Blog (practicallaw.com) and Matt Molloy | Construction Blog (practicallaw.com).

November 12, 2024
Defences to true value claims – does any uncertainty remain?

by Jonathan Cope

I was lucky enough to travel to Hong Kong last week and speak at this year’s Society of Construction Law Hong Kong International Conference. Hong Kong is making great progress with its Security of Payment legislation, and I was asked to speak on various aspects of it, including some...

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October 29, 2024
Three Times a Lady

by Matthew Molloy

Last week’s judgment of HHJ Stephen Davies in Workman Properties Limited v ADI Building and Refurbishment Limited [2024] EWHC 2627 (TCC) was timely for a number of reasons, not least because I was planning to share my thoughts on the increased use of Part 8 claims in order to “trump” an...

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October 15, 2024
The Boys Are Back In Town

by Jonathan Cope, Matthew Molloy

There are a number of theories about the inspiration behind the lyrics to Thin Lizzy’s 1976 hit, "The Boys Are Back in Town". One theory alleges that it’s about a group of Manchester criminals collectively known as the Quality Street Gang.  Although the theories haven’t been...

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March 30, 2023
“It’s goodnight from me, and it’s goodnight from him…”

by Jonathan Cope, Matthew Molloy

All good things come to an end, and sadly this will be our last blog for Practical Law Construction. However, fear not as we will continue to write some articles for them in the future, and we hope to relaunch the blog on a separate platform later this year…

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March 15, 2023
On account payment wasn’t exercising an adjudicator’s lien

by Matthew Molloy

Last year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier…

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February 28, 2023
Waive goodbye to your payment application challenge

by Jonathan Cope

In the early ’80’s, Soft Cell sang Say hello, wave goodbye. It probably isn’t as well known as the dance floor-filler that is Tainted love, but it is a song that came to mind when I read the Court of Appeal’s…

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February 14, 2023
Limits on when you can adjudicate

by Matthew Molloy

I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time”…

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February 01, 2023
Sudlows v Global Switch part deux: a significant judgment or one that turns on its facts?

by Jonathan Cope

Some years ago I wrote a number of blogs about the long-running legal battle between Gary Paice and Kim Springall (property developers) and MJ Harding (the building contractor). That really was the case that kept on giving...

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January 17, 2023
Hello to 2023

by Matthew Molloy

Happy new year everyone.Once again I am reflecting on what I’d like to see and, looking at my 2022 list, I think I could probably include all of them again apart from three…

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December 06, 2022
Adjudication enforcement proceedings not stayed to arbitration

by Matthew Molloy

Back in July, I wrote about the judgment in Metropolitan Borough Council of Sefton v Allenbuild Ltd, where HHJ Hodge QC in the TCC in Manchester enforced an adjudicator’s decision and, in so doing, rejected an application…

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