Archive:September 2022

1
AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures
2
Clarity is Key – How Do You Serve a Valid Pay Less Notice?
3
Regulating Heat Networks: Energy Security Bill to the Rescue? 
4
When is a Collateral Warranty a “Construction Contract”?

AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures

By: Justin Leonelli and Rich Paciaroni

Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013.

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Clarity is Key – How Do You Serve a Valid Pay Less Notice?

By: Kevin Greene and Ruth Chang

Advance JV (A Joint Venture between (1) Balfour Beatty Group Limited; and (2) MWH Treatment Limited); and Enisca Limited [2022] EWHC 1152 (TCC)

The parties in this case carried out works pursuant to an amended form of NEC3 Engineering and Construction Contract (Option A). The works consisted of the supply and installation of LV electrical equipment for design and construction of a new water treatment works and hydro-electric power generation facility in Cumbria.

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Regulating Heat Networks: Energy Security Bill to the Rescue? 

By: Ben Holland and Ruth Chang

Issues With the Current Heat Networks Regime?

Heat network customers have reported price increases of up to 700% since late 2021.

Heat networks are not currently regulated, and most customers are not covered by the energy price cap (i.e. the Ofgem price-cap does not apply).

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When is a Collateral Warranty a “Construction Contract”?

By Kevin Greene and Ruth Chang

Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823

The Court of Appeal in this case considered when a collateral warranty will be regarded as a “construction contract” under the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act). 

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