Date Issue   Judgment 14.12.05 Resolving multi party disputes in arbitration.   City & General (Holborn) Ltd v AYH plc, TCC 29 September 2005. 07.12.05 The payment of indemnity costs by the unsuccessful party in litigation.   Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd, TCC 10 October 2005. 30.11.05 Terminating a subcontract on the grounds of delay when the contractor's obligation is to complete the works within a reasonable time.   Shawton Engineering Ltd v DGP International Ltd and Others, CA 18 November 2005. 23.11.05 Noise nuisance between adjoining occupiers of apartments.   Leslie Arthur Stannard v Al Sharekh and Others QBD 29 July 2005. 16.11.05 The status of building services design drawings and responsibility for coordination.   Emcor Drake & Scull Ltd v Edinburgh Royal Joint Venture and others, Court of Session, 28 October 2005. 09.11.05 The importance of managing and controlling electronic data in the event of future disputes.   Practice Direction 31 of the Civil Procedure Rules- Disclosure of Documents 29 September 2005. 02.11.05 The tort of nuisance and the duties of chartered surveyors.   Panesh Mistry v Mr and Mrs Thakor and Michael Roberts, CA 5 July 2005. 26.10.05 The incorporation of express terms by reference.   Machenair Ltd v Gill and Wilkinson Ltd, TCC 14 March 2005. 19.10.05 Whether a contractor can take advantage of its own breach of contract to rely upon a contractual provision for the capping of damages.   Decoma UK Ltd v Haden Drysys International Ltd, TCC 27 July 2005. 12.10.05 Nomination of an adjudicator.   Palmac Contracting Ltd v Park Lane Estates Ltd, TCC 22 March 2005. 05.10.05 Obtaining a mandatory injunction to remove a building built in breach of a restrictive covenant.   Mortimer v Bailey CA 29 October 2004. 28.09.05 Examining the extent of duties imposed by construction management.   Great Eastern Hotel Co Ltd v John Laing Co Ltd, TCC 24 February 2005. 21.09.05 The accrual of causes of action in respect of claims for additional payment under a construction contract.   Birse Construction Ltd v McCormick (UK) plc, CA 26 July 2005. 14.09.05 The admissibility of evidence of negotiations in construing the meaning of a written contract.   Peter Stroude v Beazer Homes Ltd, CA 17 March 2005. 07.09.05 Incorporation of terms by reference to a standard form of contract where it is intended that a formal contract will be drawn up in the future.   Bryen & Langley Limited v Martin Boston. TCC 29 July 2005. 31.08.05 Payment of parties' costs in the event of a discontinued adjudication.   John Roberts Architects Ltd v Parkcare Homes (No 2) Ltd, TCC 25 July 2005. 24.08.05 Whether oral contracts may be subject to the provisions of the Construction Act.   Lloyd Projects Ltd v John Malnick, TCC 22 July 2005. 17.08.05 Whether summary judgment to enforce the decision of an adjudicator will be granted in circumstances where the financial stability of the successful party is in question.   Wimbledon Construction Co (2000) Ltd v Derek Vago, TCC 28 May 2005. 10.08.05 The operation of deeming provisions and reference to working days.   Lafarge (Aggregates) Ltd v Newham Borough Council, QBD 24 June 2005. 03.08.05 Structuring adjudication referrals to achieve payment.   Geris Handelsgesellschaft GmbH v Les Construction Industrielles de la Mediterrannee SA, 11 February 2005. 27.07.05 Whether the court will uphold an agreement to agree.   Willis Management (Isle of Man) Ltd v Cable & Wireless plc and Pender Insurance Ltd, CA 30 June 2005. 20.07.05 Application of the Limitation Act to payment claims.   Henry Boot Construction Ltd v Alstom Combined Cycles Ltd, CA 4 July 2005. 13.07.05 Commencing adjudication proceedings following the issue of a final certificate under a JCT contract.   Tracy Bennett v FMK Construction Limited TCC 30 June 2005. 06.07.05 Applying the terms of letters of intent.   Mowlem plc v Stena Line Ports Ltd, TCC 6 October 2004. 29.06.05 Duties of a project manager under the NEC contract.   Costain Ltd & Others v Bechtel Ltd, TCC 20 May 2005. 22.06.05 Interpretation of liquidated damages provisions and whether they represent a penalty.   Alfred McAlpine Capital Projects Ltd v Tilebox Ltd, TCC 25 February 2005. 15.06.05 Use of the expression "all direct costs and directly incurred losses".   Robertson Group (Construction) Ltd v Amey-Miller (Edinburgh) Joint Venture, Outer House Court of Session, 10 May 2005. 08.06.05 Objections under the Telecommunications Act 1984 for the siting of mobile telephone communications masts.   Petursson v Hutchison 3G UK Limited, TCC 9 May 2005. 01.06.05 Whether an adjudicator's decision delivered late will remain binding upon the parties.   Ritchie Brothers (PWC) Ltd v David Philp (Commercials) Ltd, Inner House, Court of Session 24 March 2005. 25.05.05 Principles underlying the enforcement of adjudicator's decisions.   Carillion Construction Ltd v Devonport Royal Dockyard, TCC 26 April 2005. 18.05.05 Interpreting the provisions of a contractor's all-risk policy.   Horbury Building Systems Limited v Hampden Insurance NV, CA 7 April 2004. 11.05.05 The measure of damages for defective building works.   Birse Construction Ltd v Eastern Telegraph Co Ltd, 5 November 2004. 04.05.05 Payment of costs where there are separate awards in respect of claim and counterclaim.   Burchell v Bullard, Court of Appeal 8 April 2005. 27.04.05 Potential changes in the legislation following experience of the Construction Act since May 1998.   Consultation into the adjudication provision of the Housing Grants Construction and Regeneration Act. 20.04.05 Potential changes in the legislation following experience of the Construction Act since May 1998.   Consultation into the payment provisions of the Housing Grants Construction and Regeneration Act. 13.04.05 Whether there is any limit to the timescale within which an adjudication may be commenced.   Connex South Eastern Ltd v MJ Building Services plc, CA 1 March 2005. 06.04.05 Whether an arbitration notice issued under an ICE contract has to comply strictly with the arbitration code described at clause 67(2) of the conditions.   Scrabster Harbour Trust v Mowlem plc, Outer House, Court of Session 23 March 2005. 30.03.05 The manner in which an engineer is required to make a decision under clause 66 of the ICE Conditions prior to the commencement of arbitration.   Amec Civil Engineering Limited v The Secretary of State for Transport CA 17 March 2005. 23.03.05 Circumstances in which disputed matters should be decided according to the "burden of proof".   Stephens v Cannon, CA 14 March 2005. 16.03.05 Whether a responding party can submit new material in its response to adjudication.   William Verry (Glazing Systems) v Furlong Homes Ltd, TCC 13 January 2005. 09.03.05 Whether a notice requirement under a contract will be treated as condition precedent to the contractor's entitlement.   Bremer Handelgesellschaft mbH v Vanden Avenne Izegem nv, House of Lords (1978). 02.03.05 The application of the term "without prejudice".   Schering Corporation v Cipla Limited, High Court 10 November 2004. 23.02.05 The application of the "prevention principle" in rebutting claims for liquidated damages.   Gaymark Investments Pty Limited v Walter Constructions Group NTSC 20 December 1999. 16.02.05 Examining the question of remoteness of damages for breach of contract.   Jackson v Royal Bank of Scotland, House of Lords 26 January 2005. 09.02.05 Whether the failure to serve a withholding notice may lead to the conclusion that there is no dispute capable of being referred to arbitration or adjudication.   Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd, Court of Appeal 7 December 2004. 02.02.05 Whether a duty of care in tort exists between a subcontractor or sub-consultant and the employer.   Architype Projects Ltd v Dewhurst Macfarlane & Partners, TCC 18 December 2003. 26.01.05 Entitlement to payment on a quantum meruit basis under the principle of restitution.   Mowlem plc v PHI Group Ltd, TCC 28 July 2004. 19.01.05 Whether an architect or engineer has authority to bind its client into contract with a contractor.   GPN Limited (In Receivership) v O2 (UK) Limited TCC 22 October 2004. 12.01.05 Negotiation of subcontract terms whilst the works are proceeding.   Emcor Drake & Scull v Sir Robert McAlpine, CA 21 December 2004.