Cases by Year - 1998
 

45 cases found.

Date Issue   Judgment
18.12.1998 Duties of a project manager to verify project insurances.   Pozzolanic Lytag Limited -v- Bryan Hobson Associates, TCC 13 November 1998
02.12.1998 Pre-qualification of contractors for public works contracts.   Ballast Nedam Groep NV--v-Belgian State, ECJ 18 December 1997
25.11.1998 Limit of liability under the architect's agreement SFA 92.   Moores -v- Yakele Associates Limited, TCC 28 October 1998
18.11.1998 Repudiation of contract.   Bedfordshire County Council -v- Fitzpatrick Contractors Limited, TCC 16 October 1998
11.11.1998 Whether sums obtained by settlement can serve as the correct measure of damage in third party proceedings.   P&O Developments Limited -v- The Guy's and St Thomas' National Health Service Trust, TCC 15 October 1998
04.11.1998 Discretion to stay court proceedings in favour of arbitration.   Al-Naimi -v- Islamic Press Agency Incorporated TCC, 2 October 1998
28.10.1998 Entitlement to stage payments in the event of rescission of contract.   Stocznia Gdanska S.A. -v- Latvian Shipping Company, House of Lords, 26 February 1998
21.10.1998 Passing down of dispute resolution procedures from main contract to sub-contract.   Cegelec Projects Ltd --v- Pirelli Construction Company Ltd, ORB 21 May 1998
14.10.1998 Designer's duty of skill and care and implied terms of fitness for purpose and merchantable quality in construction contracts.   Q.V. Limited and Another -v- Frederick F. Smith and Others, ORB 7 April 1998
07.10.1998 Assessment of damages in contribution proceedings and "loss of chance" in causation.   Sainsbury -v- Broadway Malyan and Ernest Green Partnership Ltd, ORB 31 July 1998
30.09.1998 Third party liability under the Civil Liability (Contribution) Act 1978.   J Sainsbury Plc -v- Broadway Malyan and Ernest Green Partnership, ORB 31st July 1998
23.09.1998 Award of damages for infringement of designer's copyright.   Redrow Homes Limited -v- Bett Brothers Plc, House of Lords, 22 January 1998
16.09.1998 Deduction of retention and arbitrator's jurisdiction.   Ballast Wiltshier -v- Thomas Barnes and Sons, ORB 29 July 1998
09.09.1998 Obtaining summary judgment for payment under the terms of a performance bond following insolvency of the contractor.   Tower Housing Association -v- Technical and General Guarantee Company, ORB 18 November 1997
02.09.1998 Whether an agreement for liquidated and ascertained damages may be construed as a penalty.   Ballast Wiltshier -v- Thomas Barnes and Sons, ORB 29 July 1998
26.08.1998 Claims notification provisions.   Alfred McAlpine Plc -v- BAI (Run-Off) Ltd, QBD 5 May 1998
19.08.1998 Award of costs in arbitration proceedings.   Gbangbola and Lewis -v- Smith and Sheriff Ltd, ORB 20 March 1998
12.08.1998 Formula based approach to the calculation of head office overheads.   Norwest Holst Construction -v- Co-operative Wholesale Society, ORB 17 February 1998
05.08.1998 Re-measurement of subcontract works.   Norwest Holst Construction -v- Co-operative Wholesale Society, ORB 17 February 1998
22.07.1998 Duty of a main contractor to fix commencement dates and to provide continuity of subcontract work.   Scottish Power Plc -v- Kvaerner Construction (Regions) Ltd, Outer House 6 March 1998
15.07.1998 Recovery of economic loss in tort.   Tunnel Refineries Ltd -v- Bryan Donkin Ltd and Others, ORB 8 May 1998
08.07.1998 Global costs claims.   Inserco Ltd -v- Honeywell Control Systems, Court of Appeal, 12 February 1998
01.07.1998 The use of letters of intent.   Midland Veneers Ltd -v- Unilock HCP Ltd, CA 12 March 1998
24.06.1998 Use of extra-over rates in Bills of Quantities.   A & J Rogers -v- Northern Ireland Housing Executive, QBD Northern Ireland April 1998
10.06.1998 Payment of off-site overheads and profit in the event of delay.   City Axis Ltd -v- Daniel P Jackson, ORB 11 February 1998
03.06.1998 Whether an arbitrator appointed to decide disputes arising under a construction contract has powers to review decisions and certificates of an architect or engineer, which are not available to the court.   Beaufort Developments (NI) Ltd -v- Gilbert Ash NI Ltd, House of Lords 20 May 1998
28.05.1998 Waiver of entitlement to damages and equitable estoppel.   Keller Ltd -v- Morrison/Bilfinger Berger Court of Appeal, 14 January 1998
20.05.1998 Payment of works contractor's retentions following insolvency of the management contractor.   PC Harrington Contractors Ltd -v- Co Partnership Developments Ltd, Court of Appeal 1997
13.05.1998 The measure of damages in connection with defective works.   George Fischer Ltd -v- Multi Design Consultants and Davis Langdon & Everest, ORB 10 February 1998
29.04.1998 Whether the exercise of an express power of termination under a contract excludes the acceptance of a repudiatory breach.   Laing and Morrison Knudson -v- Aegon Insurance Company Ltd, 29 July 1997 86 BLR 70
22.04.1998 Effect of qualified Certificates of Practical Completion.   George Fischer (GB) Ltd -v- Davis Langdon & Everest and Others, ORB 10 February 1998
16.04.1998 Contractor's liability for temporary works.   Plant Construction Plc -v- JMH Construction Services Ltd, ORB 9 March 1998
08.04.1998 ICE clause 12 ground condition claims and remoteness of damage.   Humber Oil Terminal Trustees Ltd -v- Owners of the Ship "Sivand", Court of Appeal 29 January 1998
01.04.1998 Whether a contractor may be liable for reinstatement costs and consequential losses of the employer in the event of a fire.   Kruger Tissue (Industrial) Ltd -v- Frank Galliers, ORB 24 February 1998
25.03.1998 The effect of a contract entered into after works have been commenced.   Trollope & Colls and Holland Hannen and Cubitts Ltd -v- Atomic Power Constructions Ltd, QBD 26 October 1962
17.03.1998 Release of obligations under performance bonds.   De Vere Hotels Ltd -v- Aegon Insurance Company (UK) Ltd, ORB 5th December 1997
11.03.1998 Whether the Court will exercise its discretion under the 1950 Arbitration Act for the appointment of an arbitrator in the event of inexcusable delay by the Plaintiff.   HM Secretary of State for Foreign and Commonwealth Affairs -v- The Percy Thomas Partnership and Kier International Ltd, ORB 19th January 1998
04.03.1998 Whether "exclusive remedy" clauses may act to exclude claims brought outside the express terms of the contract.   Strachan and Henshaw -v- Stein Industrie, Court of Appeal 8th December 1997
25.02.1998 Whether a building owner may recover substantial damages for building defects where losses are incurred by a third party.   Alfred McAlpine Construction Ltd -v- Panatown Ltd, Court of Appeal 5th February 1998
18.02.1998 Whether a sub-consultant on a design and build or BOT contract will benefit from a joint names all risks insurance policy described for the benefit of the insured and all contractors and sub-contractors.   Hopewell Project Management Ltd -v- Ewbank Preece Ltd, ORB 1 August 1997
11.02.1998 Whether a final certificate under Clause 38.5 of the IChemE Red Book provides conclusive evidence that the works are completed.   Matthew Hall Ortech Ltd -v- Tarmac Roadstone Ltd. ORB 16th December 1997
28.01.1998 Obtaining judgment in cases of refusal to pay an undisputed debt.   Halki Shipping Corporation -v- Sopex Oils Limited CA 19th December 1997
21.01.1998 Definition of consequential loss.   British Sugar Plc -v- NEI Power Plant Projects Ltd, CA 8th October 1997
14.01.1998 Whether a claim in respect of delayed costs can be applied as an abatement against a claim for payment by a sub-contractor.   Mellowes Archital Ltd -v- Bell Projects Ltd, CA 15th October 1997 [1997 CILL 1320]
07.01.1998 Challenging the findings of an independent adjudicator acting as expert.   Dixons Group Plc -v- Jan Andrew Murray-Oboynski, ORB 23rd October 1997