Date Issue   Judgment 10.12.03 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. 03.12.03 The operation of section 111 withholding notices.   Rupert Morgan Building Services (LLC) Ltd v David Jervis, CA 12 November 2003. 26.11.03 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. 12.11.03 Whether an adjudicator's decision delivered late will remain binding upon the parties.   Simons Construction Ltd v Aardvark Developments Ltd, TCC 29 October 2003. 05.11.03 Whether an adjudicator is empowered to decide issues concerning his jurisdiction.   Thomas-Fredric's (Construction) Ltd v Keith Wilson, CA 21 October 2003. 29.10.03 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. 22.10.03 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. 15.10.03 The effect of contract clauses excluding liability for consequential loss.   The Simkins Partnership v Reeves-Lund & Co Ltd, QBD 18 July 2003. 08.10.03 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. 01.10.03 Application of the Unfair Contract Terms Act 1977.   Expo Fabrics (UK) Limited v Naughty Clothing Co Limited, Court of Appeal 21 July 2003. 24.09.03 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 17.09.03 The requirements and the effect of the issue of a final certificate.   Cantrell v Wright & Fuller Ltd (2003), TCC 30 July 2003. 10.09.03 Determination of the contractor's employment under the JCT standard form contracts.   Robin Ellis Limited v Vinexsa International Limited, TCC 13 June 2003. 03.09.03 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. 27.08.03 The effect of a Letter of Intent.   British Steel Corporation v Cleveland Bridge & Engineering Co Ltd. QBD 21 December 1981. 20.08.03 The operation of collateral warranties.   Northern & Shell plc v John Laing Construction Limited, CA 16 July 2003. 13.08.03 The application of natural justice in the conduct of adjudication.   RSL (South West) Limited v Stansell Limited, TCC 16 June 2003. 06.08.03 Interpreting limit of indemnity clauses in professional indemnity insurances.   Mabey & Johnson Limited v Ecclesiastical Insurance Office plc, QBD 22 June 2003. 30.07.03 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. 23.07.03 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. 16.07.03 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. 09.07.03 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. 02.07.03 Whether adjudicators may conduct multiple adjudications on connected or related matters.   Pring & St Hill Limited v Southern Erectors, TCC 31 July 2002. 25.06.03 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 18.06.03 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. 11.06.03 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. 04.06.03 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. 28.05.03 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 21.05.03 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. 14.05.03 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. 07.05.03 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. 30.04.03 The allocation of risk in design and build contracts adopting guaranteed maximum price provisions.   Mowlem plc v Newton Street Limited, TCC 4 April 2003. 23.04.03 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. 16.04.03 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. 09.04.03 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. 02.04.03 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. 26.03.03 The certainty of contract clauses providing for mediation.   Cable and Wireless Plc-v- IBM United Kingdom Ltd, QBD 11 October 2002 19.03.03 Determining the burden of proof in legal proceedings.   BHP Billiton Petroleum Ltd v Dalmine SPA CA 19 February 2003 12.03.03 The existence of a dispute prior to commencement of adjudication.   Cowlin Construction Ltd v CFW Architects, TCC 15 November 2002. 05.03.03 Whether errors will invalidate the decision of an adjudicator.   Joinery Plus Ltd v Laing Ltd, TCC 15 January 2003. 26.02.03 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. 19.02.03 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. 12.02.03 Enforcement of an adjudicator's decision in the face of conflicting contract terms.   Levolux AT Limited v Ferson Contractors Limited, CA 22 January 2003. 05.02.03 Whether extravagant amounts can be included within liquidated and ascertained damages provisions.   Jeancharm Limited v Barnet Football Club Limited, CA 16 January 2003. Limited, TCC 12 November 2002. 29.01.03 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. 22.01.03 Disputes concerning changes of scope under design and build contracts.   Skanska Construction UK Limited -v- Egger (Barony) Limited, CA 3 December 2002. 15.01.03 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.