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Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
12th February 2014Croker Construction (WA) Pty Ltd v Stonewest Pty Ltd [2014] WASAT 19Construction Contracts Act 2004 (WA) - Contractual provisions required to avoid implication of statutory implied terms - Determination of what constitutes payment claim
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12th February 2014Zurich Bay Holdings Pty Ltd v Brookfield Multiplex Engineering & Infrastructure Pty Ltd [2014] WASC 39Administrative law - Construction Contracts Act 2004 (WA) - Application for adjudication - Writ of certiorari - Jurisdictional error
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11th February 2014Viridis UK Ltd v Mulalley & Company Ltd [2014] EWHC 268 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (a) An adjudicator did not have jurisdiction to decide a dispute which arose under more than one contract and his award could not therefore be enforced. (b) The decisions in Air Design v Deerglen, Camillin v Adelaide Jones and Supablast v Story Rail were authority for the proposition that an adjudicator can decide jurisdictional issues that are coincidentally part of the substantive dispute referred to him only if he is appointed under a contract as to the existence of which there can be no dispute. (c) An adjudicator had not breached the rules of natural justice in failing to deal with a discrete defence raised by the responding party. It was enough that in his award the adjudicator had made it clear that he had considered all of the documents...
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7th February 2014Hillcrest Homes Ltd v Beresford and Curbishley Ltd [2014] EWHC 280 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary An adjudicator’s decision that an employer had made a negligent misstatement to the contractor regarding the novation of the structural engineer’s appointment and that the novation was void was unenforceable because (i) the adjudication clause only provided for “disputes under the contract” to be referred to adjudication, and made no mention of disputes arising “in connection with the contract” and a claim for misrepresentation/negligent misstatement was not a claim arising “under” a contract; (ii) two disputes had been referred to the adjudicator, which was outside the scope of the adjudication clause; and (iii) the adjudicator committed a material breach of the rules of natural justice...
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7th February 2014Walker Construction (UK) Ltd v Quayside Homes Ltd [2014] EWCA Civ 93This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication SummaryWhere a party was seeking in legal proceedings to obtain by way of a set-off and counterclaim the repayment of a sum which it had previously paid pursuant to an adjudicator’s award it was incumbent on that party, as the party asserting its right to set off, repayment and/or damages, to plead and adduce evidence to prove its entitlement.Court of Appeal (Civil Division), Lord Justice Laws, Lord Justice McFarlane and Lady Justice Gloster:BackgroundIn December 2004, Walker Construction (UK) Ltd (“Walker”) were engaged by Quayside Homes Ltd (“Quayside”) to carry out drainage and highways works at Quayside’s residential development on land known as ‘Willowbank’. At the conclusion of the works, a dispute arose between...
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24th January 2014Burrell v JGE Machinery [2014] NSWSC 32Injunction to restrain enforcement of adjudication determination granted on condition as to payment in of adjudicated amount.
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24th January 2014Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary In this case the Court granted an injunction restraining an adjudication from proceeding. The adjudicator had been appointed pursuant to a provision that had not been incorporated into the agreement between the parties and the adjudicator therefore had no jurisdiction. Any decision he reached would be a nullity and no purpose would be served by the adjudication continuing. The claimant also argued that the adjudication was unreasonable and oppressive because it had been commenced at a time when complex High Court litigation was proceeding covering the same issues. The Court rejected this submission. Having regard to the statutory right to refer disputes to adjudication at any time, exceptional circumstances were required before...
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23rd January 2014Wales and West Utilities Ltd v PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary (a) In order to determine the scope of the dispute referred to adjudication, the Court must analyse the relevant exchanges between the parties. While it is open to a party to refer only part of a crystallised dispute to adjudication, the Notice of Adjudication must be used primarily to determine the extent to which only part of a claim is being referred. None of the post-notification documentation will alter the scope or ambit of the dispute referred. (b) A decision in an adjudication will not be rendered invalid simply because the decision in a previous adjudication (on which the later decision was based) is unenforceable. Essentially, the only grounds for challenging the enforcement of an adjudicator’s decision are “material breach...
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20th January 2014Geotech v Northwest Civil Construction Group [2014] NSWSC 8Practice & Procedure - application to stay execution of judgment - whether serious question to be tried - balance of convenience
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20th December 2013J&D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406Contracts - Building, Engineering and related contracts – Remuneration - Statutory Regulation of entitlement to and recovery of progress payments - Adjudication of payment claims.