 |
| Date |
Issue |
|
Judgment |
| 12.12.07 |
The distinction between a fitness for purpose obligation and the exercise of reasonable skill and care |
|
London Fire and Emergency Planning Authority – v – Halcrow Gilbert Associates Limited and Others [2007] EWHC 2546 (TCC) |
|
|
|
|
| 05.12.07 |
Brief review of the underlying philosophy of Compensation Events, and their management and implementation |
|
Compensation Events under the ECC form of contract, NEC 3rd Edition |
|
|
|
|
| 28.11.07 |
Challenges to an arbitral awards on questions of law |
|
Penwith District Council v VP Developments Limited, TCC, 2 November 2007 |
|
|
|
|
| 21.11.07 |
The effect of failure by the Employer to issue timely notices of payment under a JCT Standard Form of Building Contract with Contractor’s Design |
|
Ringway Infrastructure Service Limited and Vauxhall Motors Limited [2007] EWHC 2421 (TCC) |
|
|
|
|
| 14.11.07 |
The independence of experts. |
|
London Fire and Emergency Planning Authority (LFEPA) – v – Halcrow Gilbert Associates Ltd and Others, TCC, 31 July 2007 |
|
|
|
|
| 07.11.07 |
The inclusive price principle described in Hudson’s Building and Engineering Contracts, 11th Edition 1995. |
|
The 'Inclusive Price Principle' |
|
|
|
|
| 31.10.07 |
The application of compound interest to claims for late payment of a debt. |
|
Sempra Metals Limited v Inland Revenue Commissioners. HL 18 July 2007.
|
|
|
|
|
| 24.10.07 |
The consequences of a breach of the Pre-Action Protocol for Construction and Engineering Projects. |
|
Cundall Johnson and Partnership LLP v Whipps Cross University Hospital NHS Trust [2007], TCC, 19 September. |
|
|
|
|
| 17.10.07 |
The use of Termination for Convenience clauses in contract |
|
Kellogg Brown & Root Pty Ltd v Australian Aerospace Ltd [2007] VSC 200, (15 June 2007) 200, 15 June 2007) |
|
|
|
|
| 10.10.07 |
What subcontract terms are best suited to small subcontracts? |
|
The JCT Short Form of Subcontract |
|
|
|
|
| 03.10.07 |
The operation of advance payment arrangements |
|
Olga Mirimskaya v George Evans and Dezigner Living Limited TCC 5 September 2007 |
|
|
|
|
| 26.09.07 |
Oral variations to the terms of a contract. |
|
Carillion Construction Ltd V Devonport Royal Dockyard Ltd, TCC, 27 November 2002 [2003] BLR 79 |
|
|
|
|
| 19.09.07 |
Whether a dispute or difference capable of reference to adjudication can exist where a course of dealing had been established by a party other than the contracting party. |
|
John Stirling trading as M&S Contracts v Westminster Properties Scotland Limited |
|
|
|
|
| 12.09.07 |
Whether sums paid out in settlements are recoverable as damages. |
|
John F Hunt Demolition Limited – v – ASME Engineering Limited, TCC 27 June 2007 |
|
|
|
|
| 05.09.07 |
Whether a contractor can claim additional cost arising out of changed work scope on the basis of a global total costs claim, being the difference between actual costs and anticipated costs. |
|
Petromec Inc –v- Petroleo Brasileiro S.A. QBD 6 July 2007 |
|
|
|
|
| 29.08.07 |
The manner in which provisions for joint names insurance in construction contracts can determine risk allocation between the parties to a contract |
|
John F Hunt Demolition v ASME Engineering, TCC 27 June 2007, and Tyco Fire & Integrated Solutions (UK) v Rolls-Royce Motor Cars, TCC 29 June 2007 |
|
|
|
|
| 22.08.07 |
Reliance upon determination under JCT 98 to avoid enforcement of payments that should have been made earlier. |
|
Pierce Design International Ltd v Mark Johnston and Another, TCC, 17 July 2007. |
|
|
|
|
| 15.08.07 |
Proposed changes to the payment provisions within the Construction Act. |
|
2nd Consultation on proposals to amend the Construction Act |
|
|
|
|
| 08.08.07 |
What happens when a contract does not contain a provision permitting it to be varied?. |
|
SWI Ltd v P&I Data Services Ltd, CA 4 July 2007. |
|
|
|
|
| 01.08.07 |
Whether the courts will grant a temporary stay of court proceedings pending adjudication. |
|
DGT Steel and Cladding Ltd v Cubitt Building and Interiors Ltd, TCC 4 July 2007. |
|
|
|
|
| 25.07.07 |
Enforcement of an adjudicator’s decision apparently issued late and estoppel by silence. |
|
AC Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360 (TCC), 31 May 2007. |
|
|
|
|
| 18.07.07 |
Proposed changes to the adjudication provisions within the Construction Act and the Scheme for Construction Contracts. |
|
2nd Consultation on proposals to amend the Construction Act. |
|
|
|
|
| 04.07.07 |
The direct payment of subcontractors by the employer in the event of the insolvency of the main contractor. |
|
Sydenhams (Timber Engineering) Ltd v CHG Holdings Ltd, TCC 3 May 2007. |
|
|
|
|
| 27.06.07 |
Whether more than one dispute may be referred to adjudication and the basis upon which a party may reserve its position on jurisdiction. |
|
David and Teresa Bothma (In Partnership) T/A Dab Builders v Mayhaven Healthcare Ltd [2006] Bristol TCC, 16 November 2006; Bothma (David & Teresa) (t/a DAB Builders) v Mayhaven Healthcare Ltd [2007] EWCA Civ 527, 14 May 2007. |
|
|
|
|
| 20.06.07 |
The extent to which an engineer who is employed in relation to permanent works is obliged to point out defects in temporary works to a contractor. |
|
Hart Investments Ltd v (1) Terence Maurice Charles Fidler (T/A Terence Fidler Partnership) (2) Larchpark Ltd (in liquidation), TCC 30 March 2007. |
|
|
|
|
| 13.06.07 |
Payment of the adjudicator. |
|
Mott Macdonald v London & Regional Properties Ltd, TCC 23 May 2007. |
|
|
|
|
| 06.06.07 |
Application of the express terms of the JCT contract for the termination of the contract. |
|
Reinwood Ltd v Brown & Sons Ltd, TCC 9 November 2006. |
|
|
|
|
| 30.05.07 |
The importance of critical path analysis to the delay claims. |
|
Mirant Asia-Pacific Construction (Hong Kong) Ltd v Ove Arup & Partners International Ltd, TCC 20 April 2007. |
|
|
|
|
| 23.05.07 |
Recovery of tendering costs and loss of profit and the duty of an architect to advise. |
|
J & A Developments Ltd v Edina Manufacturing Ltd, Armoura Ltd and others [2006], NIQB 85, 11 December 2006. |
|
|
|
|
| 16.05.07 |
Tension between contractual provisions on insolvency and statutory requirements concerning the issue of withholding notices. |
|
Melville Dundas Ltd (in receivership) v George Wimpey UK Ltd, House of Lords, 25 April 2007. |
|
|
|
|
| 09.05.07 |
When does a pipe burst, and is what results automatically a flood? |
|
The Board of Trustees of the Tate Gallery v Duffy Construction Ltd & another, TCC 15 February 2007. |
|
|
|
|
| 02.05.07 |
The application of interest in the event of non-payment. |
|
Claymore Services Ltd v Nautilus Properties Ltd, TCC 20 March 2007. |
|
|
|
|
| 25.04.07 |
Whether management costs may be recovered in the absence of a detailed record of the time spent. |
|
Bridge UK Com Ltd (Trading As Bridge Communications) v Abbey Pynford Plc (2007), TCC, 4 April 2007. |
|
|
|
|
| 18.04.07 |
Title to sue and assignation (or assignment). |
|
Laurence McIntosh Limited v Balfour Beatty Group and the Trustees of the National Library of Scotland. |
|
|
|
|
| 11.04.07 |
Retention of title clauses in the context of the JCT provisions. |
|
P4 Limited v Unite Integrated Solutions plc. |
|
|
|
|
| 04.04.07 |
The concept of ‘Time at large’. |
|
Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd. TCC 6 March 2007. |
|
|
|
|
| 28.03.07 |
Whether a sub-contractor must work to a main contractor’s programme. |
|
Kitson Sheet Metal Ltd v Matthew Hall Mechanical and Electrical Engineers Ltd (1989) 47 BLR 82; Pigott Foundations Ltd v Shepherd Construction Ltd (1993) 67 BLR 48; Ascon Contracting Limited v Alfred McAlpine Construction Isle of Man Ltd (1999). |
|
|
|
|
| 21.03.07 |
The incorporation of terms and conditions. |
|
Shepherd Homes v Encia Remediation Ltd and Green Piling Ltd, TCC 26 January 2007. |
|
|
|
|
| 14.03.07 |
The incorporation of terms and conditions. |
|
P4 Limited v Unite Integrated Solutions plc, TCC 27 October 2006. |
|
|
|
|
| 07.03.07 |
Examining claims for unforeseen ground conditions. |
|
General. |
|
|
|
|
| 28.02.07 |
The validity of a referral served late and the validity of an adjudicator’s decision issued after the date for reaching the decision. |
|
Cubitt Building & Interiors Ltd v Fleetglade Ltd, [2006] EWHC 3413 (TCC), 21 December 2006; Epping Electrical Company v Briggs and Forrester (Plumbing Services) Limited [2007] EWHC 4 (TCC), 19 January 2007. |
|
|
|
|
| 21.02.07 |
The validity of published and bespoke Adjudication provisions. |
|
Epping Electrical v Briggs and Forrester Ltd, TCC, 19 January 2007 and Aveat Heating Limited v Jerram Falkus Construction Ltd, TCC, 1 February 2007. |
|
|
|
|
| 14.02.07 |
Whether the employment costs of staff are recoverable as damages. |
|
Aerospace Publishing Limited v Thames Water Utilities Limited, CA, 11 January 2007. |
|
|
|
|
| 07.02.07 |
Review of some of the mechanisms currently in use to reduce conflict on construction projects. |
|
General consideration of Dispute Avoidance. |
|
|
|
|
| 31.01.07 |
Questions of law concerning (1) whether defective design or defective workmanship was the operative cause of defects in a roof and (2) whether a main contractor can assume liability for design work carried out by a nominated sub-contractor. |
|
Sinclair v Woods of Winchester Ltd (no 2), TCC 22 November 2006. |
|
|
|
|
| 24.01.07 |
Interpreting the intent of parties to an agreement. |
|
Skanska Rashleigh Weatherfoil v Somerfield Stores Ltd, 22 November 2006 (CA). |
|
|
|
|
| 17.01.07 |
In what circumstances can a new dispute be said to have arisen, different from one that has been previously adjudicated. |
|
Quietfield Limited v Vascroft Construction Limited, CA, 20 December 2006. |
|
|
|
|
| 10.01.07 |
Whether an employer may resist enforcement of an adjudicator’s decision by applying a later set off in respect of liquidated and ascertained damages. |
|
R J Knapman Ltd v Richards and others, TCC, 12 October 2006. |
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