• K7010 3PB Nick Kaplan pupil

      Nick Kaplan successful in Round 2 of Bellway Homes v Surgo Construction

      3PB construction barrister Nick Kaplan recently acted as sole counsel for Bellway Homes in a dual enforcement and Part 8 claim in the TCC in the case of Bellway Homes v Surgo Construction, before HHJ Davies. Judgment was handed down yesterday morning. Nick was instructed by Gateley Legal. In its enforcement claim, Bellway claimed circa £1.1 million, which it had been awarded by an adjudicator (Jonathan Cope) following a true valuation of the parties’ interim...

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    • K7010 3PB Nick Kaplan pupil

      Nick Kaplan successful in payment adjudications case of Bellway Homes v Surgo Construction

      3PB construction barrister Nick Kaplan recently acted as sole counsel for Bellway Homes in enforcement proceedings in the case of Bellway Homes Limited -v Surgo Construction Limited, before DJ Baldwin, in which judgment was handed down by the Technology and Construction Court (TCC) in Liverpool this morning. Nick was instructed by Gateley Legal. The proceedings raised a question which frequently arises in payment adjudications, but which has until today remained undecided by the courts. In...

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    • K7010 3PB Nick Kaplan pupil

      Nick Kaplan successful in recent case of Providence v Hexagon Housing

      In Providence Building Services Limited v Hexagon Housing Association Limited, in which 3PB construction barrister Nick Kaplan acted as junior counsel for the successful defendant Housing Association, Hexagon, the Technology and Construction Court (the “TCC”), has made a recent decision about the Termination for Employer Default provisions at clause 8.9 of the JCT Design and Build Contract 2016, which is one of the most widely used forms of contract in the construction industry. The TCC...

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    • Twelve 3PB barristers and staff at Dubai Arbitration Week 2023 and TL4 FIRE Middle East 2023

      Twelve 3PB barristers and staff from our international construction and commercial litigation teams -pictured here - are delighted to be attending the upcoming Dubai Arbitration Week 2023 (from 13 to 17 November) and the TL4 FIRE Middle East 2023 (from 12th to 14th November). These are 3PB's head of construction Peter Collie, head of commercial Seb Oram, David Parratt KC (Scot), Philip Bambagiotti, Nick Kaplan, John Jessup, Dr Zhen Ye, William Charlesworth, Faizul Azman, Simon...

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      David Parratt KC (Scot) and Nick Kaplan successful in preliminary issues trial

      3PB Barristers’ (3 Paper Buildings) specialist commercial and contractual dispute barristers David Parratt KC (Scot) and Nick Kaplan have successfully acted for the Defendants in Microlise Limited v James Kemball Limited & Anor [2023] EWHC 579 (KB), a preliminary issues trial between a transport logistics group of companies and the supplier of transport telemetry devices fitted into the cabs of lorries. The case in questions revolves around the terms under which the Claimant (Microlise Limited)...

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    • Nick Kaplan wins for Bexheat in TCC   

      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...

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    • A picture of the tower block fire at New Providence Wharf in East London

      3PB calls again for Australia-style laws after East London fire

      Two of 3PB’s specialist construction barristers have again called for Australia-style legislation for the house and building construction industry after the latest tower block fire at New Providence Wharf in East London. Residents have been fighting to remove the building’s cladding since the 2017 Grenfell Tower fire that killed 72 people. Work to remove the cladding was due to begin last month on the 1,500-apartment tower block which has ACM cladding. Phase 2 of the...

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    • Watch 3PB construction barristers discuss cladding and other challenges for the construction industry

      3PB specialist construction barristers James Davison, Philip Bambagiotti FCIArb and Nick Kaplan discuss the latest issues arising from cladding issues and the Grenfell Tower disaster among other cases and pertinent issues facing the construction industry. Watch the video here. Please contact Stephen Evers or Joe Townsend for further information.    

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    • 3PB calls for Australia-style laws after Grenfell Phase 1 Report

      Two of 3PB’s specialist construction barristers have today called for Australia-style legislation for the house and building construction industry after the Grenfell Report. This morning, the Grenfell Tower Inquiry, chaired by Rt Hon Sir Martin Moore-Bick, delivered its Phase 1 Report.  The publicity leading to the report foreshadowed conclusions that will make uncomfortable reading for the fire brigade, although reflecting the heroism and devotion of the fire fighters themselves as well as for some in...

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    • Nick Kaplan and Nigel Ribbands to take part in London Adjudication Society Panel Event

      3PB Barristers Nigel Ribbands and Nick Kaplan have been invited by the Adjudication Society London and South East Region to be on the panel of their Adjudication Panel Case Studies and Discussion event taking place in London on Tuesday 15 October. The panel will also include professionals from BDB Pitmans, Devonshires and MCMS. Recent developments in adjudication, in light of the judgements in Grove Developments, have provided new challenges for adjudicators and parties. The panel...

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    • 3PB hosts Midlands Arbitration Society debate

      3PB Barristers hosts a lively panel debate presented by The Midlands Adjudication Society discussing recent case studies. Thanks to Tim Willis at the Adjudication Society for Chairing, the four panellist’s, Anthony Galvin at Altion Law, James Bessy at Blake Morgan and 3PB’s Nick Kaplan and Nigel Ribbands and all those who attended and contributed.

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    • K7010 3PB Nick Kaplan pupil

      3PB Construction barrister Nicholas Kaplan analyses the decision in Grove Developments v S&T: will Smash and Grab now Crash and Burn?

      Construction Barrister Nicholas Kaplan examines Coulson J’s rejection of the notion that by failing to respond to an interim payment notice a Payer under a construction contract is “deemed to agree” the sum applied for [115-117]. Instead, by operation of the contract and/or terms implied by the Scheme,  the Payer must immediately pay the sums applied for, but may, at any time after payment, commence an adjudication to determine the true value of the works...

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