Date Issue   Judgment 18.12.02 Measure of damages for breach of contract where the cost of reinstatement is disproportionate to the loss suffered.   McLaren Murdoch & Hamilton Limited -v- The Abercromby Motor Group Limited, Outer House, Court of Session 22 November 2002. 11.12.02 Whether a party's own costs in preparing its case will be recoverable in arbitration or litigation.   Amec Process & Energy Limited -v- Stork Engineers & Contractors, TCC 15 March 2002. 04.12.02 Applying a cross claim to resist enforcement of an adjudicator's decision.   Bovis Lend Lease Limited -v- Triangle Developments Limited, TCC 2 November 2002. 27.11.02 Whether delay damages may be imposed during a period when the employer's tenant has commenced fit out works throughout the entirety of the site.   Skanska Construction (Regions) Limited -v- Anglo-Amsterdam Corporation Limited, TCC 20 June 2002. 20.11.02 Whether professional services are subject to adjudication under the Construction Act and whether liabilities incurred in adjudication proceedings constitute recoverable loss.   Gillies Ramsay Diamond -v- PJW Enterprises Limited, Court of Session 27 June 2002. 13.11.02 The measure of damages as a proportion of the benefits obtained by the defendant.   Amec Developments Limited -v- Jury's Hotel Management (UK) Limited, 17 November 2000. 06.11.02 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, CA 14 May 2002. 30.10.02 Enforcement of an adjudicator's decision in favour of a sub-contractor, when employment of that sub-contractor has been determined under the terms of the sub-contract.   Levolux AT Limited -v- Ferson Contractors Limited, TCC 26 June 2002. 23.10.02 Whether a refusal to adopt ADR procedures might be penalised by the court in an adverse order for costs.   Hurst -v- Leeming, 9 May 2002. 16.10.02 Whether construction contracts contain implied warranties in respect of defective materials and goods.   Young & Marten -v- McManus Childs, HL 10 July 1968. 09.10.02 Deduction of liquidated damages where the employer is partly to blame for delay.   Peak Construction (Liverpool) Ltd -v- McKinney Foundations Ltd, CA 1 July 1970. 02.10.02 The status of an architect's certificate.   Lubenham Fidelities & Investments Co -v- South Pembrokeshire District Council, CA 4 March 1986. 25.09.02 The effect of including a programme and a method statement as a contract document.   Yorkshire Water Authority -v- Sir Alfred McAlpine (Northern) Limited, Commercial Court 25 June 1985. 18.09.02 Whether parties to a joint names policy can be liable to a third party who is successfully sued under rights of subrogation.   Co-operative Retail Services Limited -v- Taylor Young Partnership and Hoare Lee and Partners, HL 25 April 2002. 11.09.02 Enforcement of adjudicator's decisions and raising set-off claims.   The Construction Centre Group Ltd -v- The Highland Council. Court of Session 23 August 2002. 04.09.02 Review of statutory provisions for the payment of interest on late payments.   Late Payment of Commercial Debts Regulations 2002. 28.08.02 Whether delay damages may be imposed during a period when the employer has beneficial use of the building.   Impresa Castelli SpA -v- Cola Holdings Limited, TCC 2 May 2002. 21.08.02 Whether an adjudicator can validly decide upon the existence of a contract as a finding of fact, thereby establishing his jurisdiction to deal with disputes arising under that contract.   Brenton -v- Palmer, TCC 19 January 2001. 14.08.02 Establishing a contractual quantum meruit.   ACT Construction Limited -v- E Clarke & Sons (Coaches) Limited, Court of Appeal 16 July 2002. 07.08.02 Reviewing adjudicator's decisions by arbitration.   J T Mackley & Co Limited -v- Gosport Marina Limited, TCC 3 July 2002. 31.07.02 Incorporation of ground condition reports into the contract and responsibility for contractor's development of design.   Co-operative Insurance Society Limited -v- Henry Boot Scotland Limited, TCC 1 July 2002. 24.07.02 Review of the Construction Umbrella Bodies' Adjudication Task Group document entitled "Guidance for Adjudicators".   Guidance for adjudicators. 17.07.02 Dealing with concurrent delays arising after the date for completion of the works.   Motherwell Bridge Construction Ltd -v- Micafil Vakuumtechnik, TCC 31 January 2002. 10.07.02 Whether a professional person can rely upon the statute of limitations as a defence to actions for professional negligence.   Cave -v- Robinson Jarvis & Rolf, HL 25 April 2002. 03.07.02 Payment of interest or financing charges.   Amec Process & Energy Limited -v- Stork Engineers & Contractors BV (No4), TCC 15 March 2002 19.06.02 The application of express terms dealing with the absence of payment notices.   Watkin Jones & Son Limited -v- Lidl UK GmbH(2), TCC 27 December 2001. 12.06.02 Various contentions concerning the enforcement of an adjudicator's decision.   Total M & E Services Limited -v- ABB Building Technologies Limited, TCC 26 February 2002. 05.06.02 Use of delay analysis and the role of an adjudicator.   Balfour Beatty Construction Limited -v- The London Borough of Lambeth, TCC, 12 April 2002. 29.05.02 The effect of an architect's certificate in establishing the amount due under the contract.   Clark Contracts Ltd -v- The Burrell Co (Construction Management) Ltd, OH Court of Session, January 2002. 22.05.02 The measure of damages flowing from negligent advice.   Purdie and Purdie -v- Scott Dryburgh, Inner House Court of Session 10 May 2000. 15.05.02 The manner in which global claims for loss and expense may be acceptable.   John Doyle Construction Ltd -v- Laing Management (Scotland) Ltd, OH, Court of Session, 18 April 2002. 08.05.02 The use of mediation, or other forms of ADR, as part of the requirement for case management under the Civil Procedure Rules.   Susan Jane Dunnett -v- Railtrack plc, CA 22 February 2002. 01.05.02 Whether a counterclaim and set-off can be raised against an adjudicator's decision.   Parsons Plastics (Research and Development) Ltd -v- Purac Ltd, CA 12 April 2002. 24.04.02 Liability of architects in the tort of negligence in respect of design defects.   Baxall Securities Limited -v- Sheard Walshaw Partnership, CA 22 January 2002. 17.04.02 Setting the adjudicator's jurisdiction by reference to the notice of adjudication.   Chamberlain Carpentry & Joinery Limited -v- Alfred McAlpine Construction Limited, TCC 25 March 2002. 10.04.02 The extent of an architect's duty to inspect or supervise a contractor's work.   Consarc Design Limited v Hutch Investments Limited, TCC 19 February 2002. 03.04.02 The extent to which "new" facts and matters may be relied upon in an adjudication.   Edmund Nuttall Limited -v- R G Carter Limited, TCC 21 March 2002. 27.03.02 Whether a set-off can be raised as a defence to a claim which arises under a separate contract.   Bim Kemi -v- Blackburn Chemicals. CA 3 April 2001. 20.03.02 Whether oral contracts may be subject to the provisions of the Construction Act.   RJT Consulting Engineers Limited -v- DM Engineering (NI) Limited, Court of Appeal 8 March 2002 13.03.02 Procedures for resisting enforcement of an adjudicator's decision.   Shimizu Europe Limited -v- Automajor Limited TCC 17 January 2002. 06.03.02 Whether a set off or cross claim can be raised to defeat the enforcement of an adjudicator's decision.   Solland International Limited -v- Daraydan Holdings Limited, TCC 15 February 2002. 27.02.02 Whether a statutory undertaker owes duties of care to individuals separable from the exercise of their statutory duties.   Peter Marcic -v- Thames Water Utilities Limited, Court of Appeal 7 February 2002 20.02.02 The application of limitation or prescription periods in claims for breach of contract.   Scottish Equitable plc -v- Miller Construction Limited, Inner House Court of Session 31 August 2001 13.02.02 Whether an adjudicator's perceived error can be categorised as an excess of jurisdiction.   C & B Scene Concept Design -v-Isobars, CA 31 January 2002 06.02.02 Contractual and commercial issues arising during 2001   Various 30.01.02 The use of statutory demands to force the payment of monies decided by an adjudicator.   William and David Oakley -v-Airclear Environmental Limited HC 4 October 2001 23.01.02 Stubbs Rich Architects -v- W H Tolley & Son Limited, CC 8 August 2001   Stubbs Rich Architects -v- W H Tolley & Son Limited, CC 8 August 2001 16.01.02 Whether a set off can be raised to defeat the enforcement of an adjudicator's decision.   David McLean Housing Contractors Limited -v- Swansea Housing Association Limited, TCC 27 July 2001. 09.01.02 Discussion of the circumstances which will give rise to an entitlement to treat a contract as repudiated.   Shyam Jewellers Limited -v- M Cheeseman, CA 29 November 2001.