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MSc dissertation - should the "supply only" exclusion under the HGCR Act be repealed?

Hi, 

I am researching for a dissertation as part of an MSc in Construction Law and Dispute Resolution at King's College London.

My proposal is to question whether the "supply only" exclusion under s 105(2)(d) of the HGCR Act should be repealed. This will involve a review of the statute, English case law, and academic/practicioner commentary as well as a comparison with statutory regimes in other jurisdictions and how their laws have dealt with "supply only" contracts. The inspiration for this idea was the case of USL v Sanders [2019] EWHC 2360 (TCC), where the judge grapped with the nature of concrete and whether supply and installation were divisible.

Therefore, I would be grateful if any member could direct me to any case law or papers which are relevant, both in the U.K. and other jurisdictions which have adopted an adjudication regime.

Thanks in advance for any assistance.

Regards, Liam
liam.s.hendry@googlemail.com

Liam Hendry
Deadline for responses:
Friday, 3 July, 2020
Link to questionnaire:

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