 |
| Date |
Issue |
|
Judgment |
| 19.12.01
|
Whether
the cancellation of a cheque can be justified by subsequent interim valuations
showing lesser amounts due. |
|
Isovel Contracts
Limited (in Administration) -v- ABB Building Technologies Limited CD 30
November 2001 |
|
|
|
|
| 12.12.01
|
Whether
an Employer's promise to make direct payment to a sub-contractor amounts
to a guarantee. |
|
Action Strength
Ltd -v- International Glass Engineering (Inglens) PA and Saint-Gobain
(Glass UK) Ltd, HL 10 October 2001 |
|
|
|
|
| 5.12.01
|
Whether
the ICE Conditions give effective transfer of title in constructional
plant upon the insolvency of the contractor. |
|
Smith (Administrator
of Cosslett (Contractors)) Ltd -v- Bridgend County Borough Council HL
8 November 2001 |
|
|
|
|
| 28.11.01
|
General
discussion concerning the pitfalls for main contactors in settling subcontractor
accounts. |
|
Stour Valley
Builders-v-Mr and Mrs T P Stuart |
|
|
|
|
| 21.11.01
|
The operation
of pay when paid under the DOM/1 form of subcontract |
|
Aqua Design
and Play International Limited and Fenlock Hansen Limited v Kier Regional
Limited TCC 22 October 2001 |
|
|
|
|
| 14.11.01
|
The manner
in which a contract can operate retrospectively to govern the parties'
relationships before the date of the contract |
|
Yarm Road
Limited -v- Costain Limited TCC 30 July 2001 |
|
|
|
|
| 07.11.01
|
The operation
of "pay when paid" clauses under the general law. |
|
Durabella
Limited -v- J Jarvis & Sons Limited, TCC 19 September 2001 |
|
|
|
|
| 31.10.01
|
Discussion
of the requirements for the making of an application for payment in accordance
with the Construction Act. |
|
Maxi Construction
Management Limited -v- Morton Rolls Limited, Outer House Court of Session
7 August 2001 |
|
|
|
|
| 24.10.01
|
The effect
of Section 110 and 111, payment and withholding notices. |
|
Millers
Specialist Joinery Company Limited -v- Nobles Construction Limited, TCC
13 August 2001 |
|
|
|
|
| 17.10.01
|
Acceptance
of global claims for delay and loss and/or expense. |
|
Mid Glamorgan
County Council -v- J Devonald Williams ORB 17 September 1991. |
|
|
|
|
| 10.10.01
|
Challenge
to an adjudicator's decision on the grounds that the adjudicator has failed
to consider all of the relevant material put before him. |
|
Farebrother
Building Services Limited -v- Frogmore Investments Limited, TCC 28 April
2001. |
|
|
|
|
| 3.10.01
|
Failure
to administer a management contract according to its normal terms. |
|
De Gruchy
Holdings Limited -v- House of Fraser (Stores) Limited, TCC 22 May 2001. |
|
|
|
|
| 26.09.01
|
Various
points concerning the enforceability of adjudicator's decisions. |
|
Barr Limited
-v- Law Mining Limited Outer House Court of Session 15 June 2001. |
|
|
|
|
| 19.09.01
|
The mechanisms
for works contractors' name-borrowing arbitrations with the employer under
JCT Management Forms of Contract. |
|
Belgravia
Property Company Limited -v- S & R (London) Limited and Taylor Woodrow
Management Limited, TCC 18 July 2001. |
|
|
|
|
| 12.09.01
|
General
discussion of the Civil Procedure Rules and pre-action protocol. |
|
Paul Thomas
Construction Limited -v- Hyland TCC 8 March 2000. |
|
|
|
|
| 05.09.01
|
Whether oral contracts
may be subject to the provisions of the HGCRA 1996. |
|
RJT Consulting Engineers
Limited -v-D M Engineering (NI) Ltd, TCC 9 May 2001. |
|
|
|
|
| 29.08.01
|
Whether representations
not to deduct delay damages may amount to an estoppel against the Employer's
contractual rights. |
|
London Borough of Lewisham
-v- Shephard Hill Engineering, TCC 30 July 2001. |
|
|
|
|
| 22.08.01
|
Whether a requirement
for notices stated to be "condition precedent" to a contractor's entitlement
may be construed as a penalty and unenforceable. |
|
City Inn Limited -v-
Shepherd Construction Limited Court of Session 17 July 2001 |
|
|
|
|
| 15.08.01
|
Whether an adjudicator's
perceived error can be categorised as an excess of jurisdiction. |
|
C & B Scene Concept
Design Ltd -v-Isobars Ltd TCC 20 June 2001 |
|
|
|
|
| 08.08.01
|
Whether professional
employees are vulnerable to claims brought directly against them for advice
given on behalf of their employers. |
|
Merrett -v-Babb CA 15
February 2001 |
|
|
|
|
| 01.08.01
|
Formation of Contract. |
|
Carillion Construction
Ltd (trading as Crown House Engineering) -v- Ballast Plc CA 12 July 2001
|
|
|
|
|
| 25.07.01
|
Whether a failure to
decide matters put before the adjudicator may render the decision unenforceable. |
|
Ballast Plc -v-The Burrell
Company (Construction Management) Limited, Outer House Court of Session
21 June 2001 |
|
|
|
|
| 18.07.01
|
The manner in which
concurrent delays should be approached in assessing extensions of time. |
|
The Royal Brompton Hospital
NHS Trust -v-Frederick Alexander Hammond and others, TCC 18 November 2000. |
|
|
|
|
| 11.07.01
|
Whether the absence
of withholding and payment notices results in payment of the amount claimed
without further enquiry. |
|
S L Timber Systems Limited
-v- Carillion Construction Ltd, Outer House Court of Session 27 June 2001 |
|
|
|
|
| 04.07.01
|
Whether parties can
agree to confer upon an adjudicator the power to deal with a dispute as
to his own jurisdiction. |
|
Nordot Engineering Services
Limited -v- Siemens plc TCC 14 April 2001 |
|
|
|
|
| 27.06.01
|
Consideration of the
procedures required to overturn an arbitrator's award. |
|
Groundshire -v-VHE Construction
TCC 15 February 2001 |
|
|
|
|
| 20.06.01
|
Whether the training
levy differential between self-employed and directly employed tradesmen
is lawful. |
|
Buildstone Limited -v-The
Secretary of State for Education and Employment 30 November 2000. |
|
|
|
|
| 13.06.01
|
Tests to be applied
to establish professional negligence. |
|
J D Williams & Co Limited
-v- Michael Hyde and Associates Limited, CA 6 July 2000. |
|
|
|
|
| 06.06.01
|
The effect of novation
agreements in design and build contracts. |
|
Blyth & Blyth Limited
-v- Carillion Construction Limited, Outer House, Court of Session 18 April
2001. |
|
|
|
|
| 30.05.01 |
Discussion of the importance
of Payment Notices under Section 110 of the Act. |
|
LPL Electrical Services
Limited -v- Kershaw Mechanical Services Ltd TCC 2 February 2001 |
|
|
|
|
| 23.05.01 |
Whether a contractor
may be liable for reinstatement costs in the event of a fire caused by
negligence. |
|
Scottish & Newcastle
plc -v- G D Construction (St Albans) Ltd TCC 29 March 2001 |
|
|
|
|
| 16.05.01 |
Payment of offsite overheads
and profit in the event of delay. |
|
Beechwood Development
Company (Scotland) Limited -v- Stuart Mitchell (t/a Discovery Land Surveys)
Outer House, Court of Session 12 February 2001 |
|
|
|
|
| 10.05.01 |
Interpretation of exemption
and limitation clauses. |
|
BHP Petroleum Ltd -v-
British Steel plc Court of Appeal 7 April 2000 |
|
|
|
|
| 02.05.01 |
Use of telephone
communications in adjudication |
|
Discain
Project Services Limited -v- Opecprime Development Limited TCC 11 April
2001 |
|
|
|
|
| 25.04.01 |
The threat
of adjudication leading to compromise agreements |
|
Joseph Finney
Plc -v- Gordon Vickers and Gary Vickers t/a The Mill Hotel TCC 7 March
2001 |
|
|
|
|
| 18.04.01 |
The consequences
of overlapping disputes in adjudication |
|
Holt Insulation
Limited -v- Colt International Limited TCC March 2001 |
|
|
|
|
| 11.04.01 |
The effect
of unsigned recommendations for payment and whether assignment of the
contract by the contractor, without consent, affects the contractor's
entitlement to payment |
|
John Young
& Co (Kelvinhaugh) Limited -v- The Rugby Group Plc TCC 19 December 2000 |
|
|
|
|
| 04.04.01 |
Adjudicator's
binding decisions in respect of jurisdiction. |
|
Watson Building
Services Limited -v- Graham Harrison and Miller (Preservation) Limited
Outer House 13 March 2001 |
|
|
|
|
| 28.03.01 |
Claims for
loss of profit following termination of contract |
|
Chiemgauer
Membran Und Zeltbau GmbH (formerly Koch Hightex) -v- New Millennium Experience
Company 15 December 2000 |
|
|
|
|
| 21.03.01 |
Whether
an adjudicator may act as a mediator in the same dispute |
|
Glencot
Development and Design Co Ltd -v- Ben Barrett & Son (Contractors) Ltd
TCC 13 February 2001 |
|
|
|
|
| 14.03.01 |
Whether
an adjudicator's decision will be enforced in circumstances where the
successful party is insolvent |
|
Rainford
House Limited -v- Cadogan Limited TCC 13 February 2001 |
|
|
|
|
| 07.03.01 |
Consequences of the
failure of the Clerk of Works to prevent inadequacies in the contractor's
workmanship |
|
Wilson Kirkpatrick &
Partners -v- Ministry of Defence CA 30 November 1999 |
|
|
|
|
| 28.02.01 |
Application of limitation
periods in claims for breach of contract and negligence |
|
New Islington & Hackney
Housing Association Ltd -v- Pollard Thomas & Edwards Ltd, TCC 8 December
2000 |
|
|
|
|
| 21.02.01 |
Determining which construction
operations are excluded by Section 105(2) of the Construction Act |
|
Various |
|
|
|
|
| 14.02.01 |
Contractor's duty to
warn of potential dangers and inadequacies in the design of others |
|
Aurum Investments Limited
-v- Avonforce Limited and others, TCC 6 December 2000 |
|
|
|
|
| 07.02.01 |
Legal interpretation
of the Housing Grants, Construction and Regeneration Act |
|
Various |
|
|
|
|
| 31.01.01 |
Misrepresentation inducing
a contractor to tender for design and construct works |
|
J Jarvis and Sons Ltd
- v - Castle Wharf Developments and others CA 19 January 2001 |
|
|
|
|
| 24.01.01 |
The setting aside of
agreements on the basis of economic duress |
|
Carillion Construction
Limited -v- Felix (UK) Limited TCC 6 November 2000 |
|
|
|
|
| 17.01.01 |
Whether a dispute following
a settlement agreement can be resolved by adjudication |
|
Shepherd Construction
Ltd -v- Mecright. TCC 27 July 2000 |
|
|
|
|
| 10.01.01 |
Resisting
enforcement of adjudicator's decisions |
|
Elanay Contracts
Limited - v - The Vestry, TCC 30 August 2000 |