Date Issue   Judgment
08.10.08 The basis on which a call on an ‘on demand’ performance bond may be resisted.   Clough Engineering Limited v Oil and Natural Gas Corporation Limited [2008] FCA FC 136 (22 July 2008)
09.07.08 Liquidated and Ascertained Damages.   Braes of Doune Wind Farm (Scotland) Limited and Alfred McAlpine Business Services Limited [2008] EWHC 426 (TCC)
27.02.08

What's new in the 2007 form of this contract?

 

The JCT Framework Agreement 2007

30.01.08 Whether notices are a condition precedent to entitlement to extensions of time.   Steria Limited v Sigma Wireless Communications Ltd, TCC 15 November 2007.
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)
17.10.07 The use of Termination for Convenience clauses in contracts  

Kellogg Brown & Root Pty Ltd v Australian Aerospace Ltd [2007] VSC 200, (15 June 2007) 200, 15 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.
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.
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.
11.04.07 Retention of title clauses in the context of the JCT provisions.   P4 Limited v Unite Integrated Solutions plc.
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 Ltd v Unite Integrated Solutions plc, TCC 27 October 2006.
10.05.06 The valuation of works on a quantum meruit basis.   ERDC Group Ltd v Brunel University.
12.04.06 Meaning of “prevention”.   New Engineering Contract, third edition.
15.03.06 Selection of appropriate procurement options.   The New Engineering Contract.
15.02.06 Under JCT contracts, who is responsible for any design within the Employers’ Requirements?   JCT contracts.
01.08.01 Formation of Contract.   Carillion Construction Ltd (t/a Crown House Engineering) v Ballast plc, CA 12 July 2001.
06.12.00 Liability of architects in the tort of negligence in respect of design defects due to deficient sub-contractor design   Reviewing recent decisions in connection with the FCEC blue form of sub-contract.
15.11.00 Formation of contract and remuneration on "Quantum Meruit" basis   Birse Construction v St David Ltd, TCC 17 August 2000.
09.08.00 The application of contract termination clauses.   Rice v Great Yarmouth Borough Council, CA 30 June 2000.
12.07.00 Role of quantity surveyors acting as project manager and duty towards clients concerning design matters.   Pride Valley Foods Ltd v Hall & Partners (Contract Management) TCC 4 May 2000.
21.06.00 Application of under or over-priced rates in Bills of Quantities to extended or varied works.   Henry Boot Construction Ltd v Alstom Combined Cycles Ltd, CA 4 April 2000.
17.05.00 Whether a contract price is to be treated as inclusive or exclusive of Value Added Tax.   Lancaster v Bird, CA 9 December 1998.
27.04.00 .Formation of contract   Hescorp Italia SpA v Morrison Construction Ltd, TCC 17 March 2000.
19.04.00 Whether repair costs should be calculated at the date of judgment.   Alcoa Minerals of Jamaica Inc v Broderick Privy Council 20 March 2000.
01.03.00 Formation of Contract.   Stent Foundation Ltd v Tarmac Construction (Contracts) Ltd, TCC 10 November 1999.
02.02.00 Determining entitlement to extension of time and jurisdiction of arbitrators and adjudicators.   Henry Boot Construction (UK) Ltd v Malmaison Hotel (Manchester) Ltd, TCC 18 October 1999.
01.12.99 The issue of a final certificate under JCT contracts in the absence of agreement as to the amount of the final account   Penwith District Council v V. P. Developments Ltd.
28.07.99 Interpretation of contracts against the background of commercial common sense   Demolition Services Ltd v Castle Vale Housing Action Trust.
23.06.99 Exclusion of liability under the IMechE Form of Contract   British Fermentation Products Ltd v Compair Reavell Ltd.
19.05.99 Operation of express contractual provisions for termination of contract   Ellis Tylin Ltd v Co-operative Retail Services Ltd.
06.05.99 Impact of partnering arrangements upon formal contract undertakings   Birse Construction Ltd v St David Ltd
28.04.99 Assessment of damages in negligence and betterment   Witts and Others v Montgomery Watson Ltd.
31.03.99 Whether an employer can refuse to pay the contract price on the basis of a failure to substantially complete the works   R J Young v Thames Properties Ltd.
24.03.99 Effect of notification provisions during defects liability periods   Pearce & High Ltd v Mr and Mrs Baxter.
10.03.99 Contractor's liability in contribution proceedings for defects in the work following the issue of a Final Certificate   Oxford University Fixed Assets Ltd v Architects Design Partnership.
17.02.99 Application of under or over priced rates in Bills of Quantities to extended or varied works   Henry Boot Construction Ltd v Alstom Combined Cycles Ltd.
13.01.99 Formation of contract   J Murphy & Sons Ltd v ABB Daimler-Benz Transportation (Signal) Ltd.
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