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| Date | Issue | Judgment | |||||||||
| 19.11.08 | The operation of dispute escalation provisions in construction contracts. | Ardentia Ltd v British Telecommunications Plc, EWHC 19 June 2008 | |||||||||
| 12.11.08 | The effectiveness of sectional completion schedules that provide for the sequential construction of work sections. | Liberty Mercian Limited v Dean & Dyball Construction Limited [2008] EWHC 2617 (TCC) | |||||||||
| 29.10.08 | Whether or not a determination notice was valid when it referred to a second notice of default which was invalid. | Reinwood Limited -v- L Brown & Sons Limited [2008] EWCA Civ 1090 | |||||||||
| 22.10.08 | The setting aside of agreements on the basis of economic duress. | Adam Opel GmbH and Renault S.A. v Mitras Automotive (UK) Limited QBD 18 December 2007 | |||||||||
| 01.10.08 | The contractual effect of letters of intent and caps on liability. | Diamond Build Limited -v- Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) | |||||||||
| 10.09.08 | The Interest (Scotland) Act 2007 | Statutory Interest in Scotland | |||||||||
| 03.09.08 | Potential amendments to the statutory provisions for adjudication and payment in Construction Contracts. | The draft Construction Contracts Bill 2008 | |||||||||
| 20.08.08 | Do liquidated and ascertained damages constitute an exhaustive remedy for delay related losses? | Biffa Waste Services Ltd -v- Maschinenfabrik Ernst Hese GmbH [2008] EWHC 6 (TCC) | |||||||||
| 06.08.08 | The assessment of damages. | Transafrik International Limited v Venus Corporation Limited [2008] EWHC 1721 (TCC) | |||||||||
| 30.07.08 | When is a buyer entitled to reject goods provided by the seller? | Whitecap Leisure Limited -v- John H Rundle Limited [2008] EWCA Civ 249 | |||||||||
| 23.07.08 | Resolution of disputes arising out of the NHBC Guarantee Scheme. | Crest Nicholson (Eastern) Limited v Mr and Mrs Western (TCC) 16 June 2008 | |||||||||
| 16.07.08 | Grounds for setting aside an expert determination. | Owen Pell Limited V Bindi (London) Limited, TCC 19 May 2008 | |||||||||
| 02.07.08 | The potential importance of pre-contract meeting agendas/meeting minutes. | Cubitt Building and Interiors Limited -v- Richardson Roofing (Industrial) Limited [2008] EWHC 1020 (TCC) | |||||||||
| 25.06.08 | Formation of Contract. | Haden Young Limited -v- Laing O’Rourke Limited TCC 8 May 2008 | |||||||||
| 18.06.08 | A brief comparison of the extension of time and loss and expense provisions relating to weather under the JCT and NEC contracts. | Weather events under JCT and NEC contracts | |||||||||
| 11.06.08 | Whether damages based on a diminuation in value can be assessed at a date later than the date of the breach. | Charlton & Anor v Northern Structural Services Limited [2008] EWHC 66 (TCC) | |||||||||
| 04.06.08 | The legally binding nature of unregulated partnering relationships. | Baird Textile Holdings Ltd -v- Marks & Spencer PLC [2001] EWCA Civ 274 | |||||||||
| 28.05.08 | The use and operation of retention funds. |
Bodill & Sons (Contractors) Limited v Harmail Singh Mattu, Technology and Construction Court, 30 November 2007 | |||||||||
| 07.05.08 | The extent of a contractor’s liability under an entire contract. |
Safe Safe Homes Limited -v- Mr and Mrs Massingham (TCC) 2007 | |||||||||
| 30.04.08 | Whether a notice requirement under a contract will be treated as a condition precedent to the contractor’s entitlement.
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Various | |||||||||
| 16.04.08 | Whether, under a name-borrowing or agency arrangement, a party is prevented from pursuing losses incurred from the party considered to be liable for these losses.
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London & Regional (St George's Court) Ltd v Ministry of Defence [2008] EWHC 526 (TCC)
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| 09.04.08 | A Contractor’s liability for work executed by others. |
C J Pearce Developments Ltd -v- Oakbridge Street Mellion Building Ltd (TCC) 14 January 2002 |
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| 02.04.08 | Whether an employer who calls a performance bond is obliged to account to the contractor for any overpayment. |
Spiersbridge Property Developments Limited v Muir Construction Limited, Scottish Court of Session, 14 March 2008 |
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| 19.03.08 | Will a Withholding Notice become invalid should the basis on which it is issued change before the final date for payment of an interim certificate? |
Reinwood Limited v L Brown & Sons Limited [2008] UKHL 12 | |||||||||
| 12.03.08 | Power to omit work and termination for convenience. | Abbey Developments Limited -v- PP Brickwork Limited | |||||||||
| 20.02.08 | Causation and Reasonableness of Settlement. | AXA Insurance UK Plc v Cunningham Lindsey United Kingdom [2007] EWHC 3023 (TCC) | |||||||||
| 13.02.08 | Liability for engaging statutory undertakers to carry out work. |
Henry Boot Construction Limited -v- Central Lancashire New Town Development Corporation 15 BLR 1 |
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| 06.02.08 | After goods have been repaired is the buyer bound to accept them? |
J & H Ritchie Ltd -v- Lloyd Ltd. HL 7 March 2007. |
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| 23.01.08 | Concurrent delays. | Follow-up to City Inn Ltd v Shepherd Construction Ltd [2007] CSOH 190 | |||||||||
| 16.01.08 | The recovery of solicitor's and expert consultants' fees as damages. | Blue Circle Industries PLC -v- Ministry of Defence (Ch.D 26 November 1996) | |||||||||
| 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 | |||||||||
| 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. |
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| 03.10.07 | The operation of advance payment arrangements | Olga Mirimskaya v George Evans and Dezigner Living Limited TCC 5 September 2007 |
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| 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 |
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| 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 |
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| 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 | |||||||||
| 15.08.07 | Proposed changes to the payment provisions within the Construction Act. | 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. | |||||||||
| 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. | |||||||||
| 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. | |||||||||
| 02.05.07 | The application of interest in the event of non-payment. | Claymore Services Ltd v Nautilus Properties Ltd, TCC 20 March 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. | |||||||||
| 04.04.07 | The concept of ‘Time at large’. | Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd. TCC 6 March 2007. | |||||||||
| 07.03.07 | Examining claims for unforeseen ground conditions. | General. | |||||||||
| 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). | |||||||||
| 06.12.06 | Examining clauses in contracts of sale that provide for retention of title until full payment is made. | Various. | |||||||||
| 22.11.06 | The use of without prejudice protection to prevent the use of mediation documents in subsequent litigation. | Aird v Prime Meridian Limited, 19 September 2006, TCC. | |||||||||
| 01.11.06 | The common law defence of abatement. | Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd, TCC 5 June 2006. | |||||||||
| 25.10.06 | The principal grounds upon which a petition presented to the High Court for winding up under section 124(1) of the Insolvency Act 1986 may be avoided. | Medlock Products Limited v SCC Construction Limited, Bristol High Court, 13 July 2006, Seawind Tankers Corporation v Bayoil SA (1998), CA. | |||||||||
| 18.10.06 | The wording of settlement agreements. | Carlo Mantegazza & Anor v Neil Holland Architects & Anor, TCC, 11 May 2006.. | |||||||||
| 11.10.06 | When interest is payable upon a claim. | Various. | |||||||||
| 27.09.06 | The battle of the forms, exclusion clauses, and guidance to experts. | Balmoral Group Ltd v Borealis Group Ltd and (1) Borealis [UK] Ltd (2) Borealis AS (3) Borealis A/S. | |||||||||
| 20.09.06 | Interpreting the intent of parties to an agreement. | Skanska Rashleigh Weatherfoil v Somerfield Stores Ltd, 28 April 2006 (TCC). | |||||||||
| 06.09.06 | Identifying the various types of dispute board and the advantages which may be brought. | General discussion of dispute boards. | |||||||||
| 23.08.06 | Examining the rules for the interpretation of oral contracts. | Brian Royle Maggs v Guy Marsh & Others, CA 7 July 2006. | |||||||||
| 16.08.06 | Can a party who is assigned rights under a contract recover more from the contract-breaker than the assignor could have done had there been no assignment. | Larkstore Ltd v Technotrade Ltd, Court of Appeal, 27 July 2006. | |||||||||
| 09.08.06 | Using the Contracts (Rights of Third Parties) Act 1999. | ||||||||||
| 02.08.06 | The administration of provisional sums within a construction contract. | Midland Expressway v Carillion Construction & Others, CA 15 June 2006. | |||||||||
| 19.07.06 | The obligations placed upon Arbitrators in respect of bias. | Norbook Laboratories Ltd v (1) A Tank (2) Moulson Champlant Ltd, (TCC) 12 May 2006. | |||||||||
| 14.06.06 | The effect of defects upon a quantum meruit valuation. | ERDC Group Limited v Brunel University, TCC 29 March 2006. | |||||||||
| 07.06.06 | Whether settlement agreements can be used to ascertain loss in the context of subsequent insurance claims. | Enterprise Oil Limited v Strand Insurance Company Limited, QBD 26 January 2006. | |||||||||
| 31.05.06 | The extent of an engineering designer’s duties to verify its initial design assumptions. | Ove Arup & Partners International Limited v Mirant Asia-Pacific Construction (Hong Kong) Limited, CA 21 December 2005. | |||||||||
| 17.05.06 | The effect of the HGCRA on the JCT insolvency provisions. | Melville Dundas Ltd v George Wimpey UK Ltd [2005], Inner House Court of Session, 15 December 2005. | |||||||||
| 03.05.06 | Whether a contractor can apply a set-off of monies owed under the building contract to defeat a claim under a collateral warranty. | Safeway Stores Limited v Interserve Project Services Limited, TCC 1 December 2005. | |||||||||
| 19.04.06 | The quantification of loss in cases of professional negligence. | Plymouth & South West Co-operative Society Limited v Architecture, Structure & Management Limited, TCC, 10 January 2006. | |||||||||
| 05.04.06 | The requirement for impartiality and independence of the decision maker under construction contracts. | Scheldebouw BV v St James Homes (Grosvenor Dock) Ltd, TCC 16 January 2006. | |||||||||
| 08.03.06 | Whether an arbitration notice issued under an ICE contract has to comply strictly with the arbitration code incorporated within the contract. | Scrabster Harbour Trust v Mowlem plc, Inner House Court of Session 22 February 2006. | |||||||||
| 01.02.06 | Whether terms within a standard PFI building contract contravene the requirements of the HGCRA. | Midland Expressway Ltd v Carillion Construction Ltd & Others, TCC 24 November 2005. | |||||||||
| 25.01.06 | Potential amendments to the Construction Act to improve payment practices in the construction industry. | Review of the DTI consultation into the operation of the HGCRA, published 16 January 2006. | |||||||||
| 18.01.06 | Cases of significance or interest over the past 10 years. | Various. | |||||||||
| 11.01.06 | Whether the courts will uphold express obligations between the parties to negotiate in good faith. | Petromec Inc v Petroleo Brasileiro SA, CA 15 July 2005. | |||||||||
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