 |
| Date |
Issue |
|
Judgment |
47 cases found.
| 10.12.2003 |
Interpretation of the risk of loss and damage arising out of the Construction Plant Hire Association's model terms and conditions. |
|
Yarm Road Limited v Hewden Tower Cranes Limited, CA 31 July 2003 |
| 03.12.2003 |
The operation of section 111 withholding notices. |
|
Rupert Morgan Building Services (LLC) Ltd v David Jervis, CA 12 November 2003 |
| 19.11.2003 |
Whether a claimant may be entitled to recover management costs as a head of claim. |
|
Phee Farrar Jones Limited v Connaught Mason Limited, TCC 30 April 2003 |
| 12.11.2003 |
Whether an adjudicator's decision delivered late will remain binding upon the parties. |
|
Simons Construction Ltd v Aardvark Developments Ltd, TCC 29 October 2003 |
| 05.11.2003 |
Whether an adjudicator is empowered to decide issues concerning his jurisdiction. |
|
Thomas-Fredric's (Construction) Ltd v Keith Wilson, CA 21 October 2003 |
| 29.10.2003 |
Interpreting the provisions of a contractor's all-risk policy where defects in a contractor's work causes damage to other property. |
|
Horbury Building Systems Limited -v- Hampden Insurance NV, QBD 9 September 2003 |
| 22.10.2003 |
The impact of a settlement agreement between an employer and main contractor in related claims between the main contractor and a subcontractor. |
|
Bovis Lend Lease Ltd v R D Fire Protection Ltd, TCC 6 February 2003 |
| 15.10.2003 |
The effect of contract clauses excluding liability for consequential loss. |
|
The Simkins Partnership v Reeves-Lund & Co Ltd, QBD 18 July 2003 |
| 08.10.2003 |
Enforcement of adjudicator's decision and raising set off claims. |
|
The Construction Centre Group Ltd v The Highland Council, Inner House Court of Session, 11 April 2003 |
| 01.10.2003 |
Application of the Unfair Contract Terms Act 1977. |
|
Expo Fabrics (UK) Limited v Naughty Clothing Co Limited, Court of Appeal 21 July 2003 |
| 24.09.2003 |
Whether accepting a cheque offered in settlement will give rise to an agreement to settle a dispute. |
|
Andrew Bracken and Ann Trickett v Graham Billinghurst, TCC 10 June 2003 |
| 17.09.2003 |
The requirements and the effect of the issue of a final certificate. |
|
Cantrell v Wright & Fuller Ltd (2003), TCC 30 July 2003 |
| 10.09.2003 |
Determination of the contractor's employment under the JCT standard form contracts. |
|
Robin Ellis Limited v Vinexsa International Limited, TCC 13 June 2003 |
| 03.09.2003 |
The operation of "termination at will" clauses. |
|
Hadley Design Associates Ltd v The Lord Mayor and Citizens of the City of Westminster, TCC 9 July 2003 |
| 27.08.2003 |
The effect of a Letter of Intent. |
|
British Steel Corporation v Cleveland Bridge & Engineering Co Ltd, QBD 21 December 1981 |
| 20.08.2003 |
The operation of collateral warranties. |
|
Northern & Shell plc v John Laing Construction Limited, CA 16 July 2003 |
| 13.08.2003 |
The application of natural justice in the conduct of adjudication. |
|
RSL (South West) Limited v Stansell Limited, TCC 16 June 2003 |
| 06.08.2003 |
Interpreting limit of indemnity clauses in professional indemnity insurances. |
|
Mabey & Johnson Limited v Ecclesiastical Insurance Office plc, QBD 22 June 2003 |
| 30.07.2003 |
Authority of the signing party and rectification of settlement agreements where a mistake is alleged by one party. |
|
Hurst Stores & Interiors Ltd v M L Europe Property Ltd, TCC 20 June 2003 |
| 23.07.2003 |
Whether variations and late instructions resulting in delay entitle a contractor to recalculate his lump sum price. |
|
McAlpine Humberoak v McDermott International, CA 5 March 1992 |
| 16.07.2003 |
The operation of the limitation period in respect of the duty of care owed under the Defective Premises Act 1972. |
|
Alderson v Beetham Organisation Limited, CA 2 April 2003 |
| 09.07.2003 |
The application of damages for wrongful detention, loss of use and interest. |
|
Carlton Greer v Alstons Engineering Sales & Services Ltd, Privy Counsel 19 June 2003 |
| 02.07.2003 |
Whether adjudicators may conduct multiple adjudications on connected or related matters. |
|
Pring & St Hill Limited v Southern Erectors, TCC 31 July 2002 |
| 25.06.2003 |
The existence of a dispute prior to the commencement of adjudication. |
|
Costain Ltd v Wescol Steel Ltd, TCC 24 January 2003; Beck Peppiatt Ltd v Norwest Holst Construction Ltd, TCC 20 March 2003; Orange EBS Limited v ABV Limited, TCC 22 May 2003 |
| 18.06.2003 |
Whether a withholding notice may be raised after an adjudicator's decision to resist payment of the amount ordered by the adjudicator. |
|
Shimizu Europe Limited v LBJ Fabrications Limited, TCC 29 May 2003 |
| 11.06.2003 |
Whether a contractor is entitled to suspend works in the event of non-payment. |
|
C J Elvin Building Services Limited v Peter and Alexa Noble, TCC 3 April 2003 |
| 04.06.2003 |
Whether a requirement for notices as a condition precedent to a contractor's entitlement to extension of time may be construed as a penalty and unenforceable. |
|
City Inn Limited v Shepherd Construction Limited, Inner House Court of Session, 20 May 2003 |
| 28.05.2003 |
Whether an adjudicator's award amounts to a legal liability for damages in the context of the Third Parties (Rights Against Insurers) Act 1930 such that a successful party in adjudication can immediately seek payment of the adjudicator's award against the unsuccessful party's insurers in the event of that party's insolvency. |
|
Galliford UK Limited -v- Markel Capital Limited, QBD 12 May 2003 |
| 21.05.2003 |
The responsibility of directors of a company trading with a name similar to an earlier insolvent company. |
|
Archer Structures Limited v Christopher Griffiths, 30 April 2003 |
| 14.05.2003 |
Whether witness statements prepared for the purpose of arbitration or litigation can be used to supplement the contemporary records of a claim. |
|
Attorney General for the Falkland Islands v Gordon Forbes Construction (Falklands) Limited, Falkland Islands Supreme Court 14 March 2003 |
| 07.05.2003 |
Whether adjudicators can delay the delivery of their decision pending payment of their fees. |
|
St Andrews Bay Development Ltd v HBG Management Ltd, Outer House Court of Session 4 April 2003 |
| 30.04.2003 |
The allocation of risk in design and build contracts adopting guaranteed maximum price provisions. |
|
Mowlem plc v Newton Street Limited, TCC 4 April 2003 |
| 23.04.2003 |
The manner in which provisions of the Scheme for Construction Contracts may be imported into a contract in the event that certain payment provisions of that contract fail to comply with the Construction Act. |
|
Hills Electrical & Mechanical plc v Dawn Construction Ltd, Outer House Court of Session, 7 April 2003 |
| 16.04.2003 |
Whether an adjudicator's decision can be enforced in part, with the remaining parts set aside. Whether a dispute can exist under a JCT contract where the architect has not delivered his decision upon extension of time. |
|
R Durtnell & Sons Ltd -v- Kaduna Ltd, TCC 19 March 2003 |
| 09.04.2003 |
Whether building workers employed under a labour only subcontract agreement may be regarded as employees of the main contractor, and therefore entitled to benefits accruing under employment legislation. |
|
Byrne Brothers (Formwork) Limited -v- Baird and Others, EAT 18 September 2001 |
| 02.04.2003 |
Whether an employee's breach of a safety term contained within a construction contract will allow the client to bring the contract to an end. |
|
IJS Contractors Ltd v Dew Construction Ltd, CA 17 November 2000 |
| 26.03.2003 |
The certainty of contract clauses providing for mediation. |
|
Cable and Wireless Plc-v- IBM United Kingdom Ltd, QBD 11 October 2002 |
| 19.03.2003 |
Determining the burden of proof in legal proceedings. |
|
BHP Billiton Petroleum Ltd v Dalmine SPA CA 19 February 2003 |
| 12.03.2003 |
The existence of a dispute prior to commencement of adjudication. |
|
Cowlin Construction Ltd v CFW Architects, TCC 15 November 2002 |
| 05.03.2003 |
Whether errors will invalidate the decision of an adjudicator. |
|
Joinery Plus Ltd v Laing Ltd, TCC 15 January 2003 |
| 26.02.2003 |
Whether a contract for the hire of plant is a construction contract within the meaning of the HGCRA. |
|
Baldwins Industrial Services plc v Barr Limited, TCC 6 December 2002 |
| 19.02.2003 |
Whether a contractor may be liable for reinstatement costs in the event of a fire caused by negligence. |
|
GD Construction (St Albans) Limited v Scottish & Newcastle plc, CA 22 January 2003 |
| 12.02.2003 |
Enforcement of an adjudicator's decision in the face of conflicting contract terms. |
|
Levolux AT Limited v Ferson Contractors Limited, CA 22 January 2003 |
| 05.02.2003 |
Whether extravagant amounts can be included within liquidated and ascertained damages provisions. |
|
Jeancharm Limited v Barnet Football Club Limited, CA 16 January 2003 |
| 29.01.2003 |
The basis of the quantum of damages arising as a consequence of a breach of a designer's duty to warn. |
|
HOK Sport Limited (formerly Lobb Partnership Limited) v Aintree Racecourse Company Limited, TCC 12 November 2002 |
| 22.01.2003 |
Disputes concerning changes of scope under design and build contracts. |
|
Skanska Construction UK Limited -v- Egger (Barony) Limited, CA 3 December 2002 |
| 15.01.2003 |
Whether an instruction to vary the works will modify a contractor's warranty obligations. |
|
Amoco (UK) Exploration Co v Telephone Cables Ltd, QBD 4 December 2002 |
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