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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-
20th December 2013BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd & Ors [2013] QCA 394Contracts – Building and Engineering related contracts – Remuneration – Statutory Regulation of entitlement to and recovery of progress payments – adjudication of payment claims
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20th December 2013Andara Homes Ltd v Matish Ltd Andara Homes Ltd v Magistrates Court of the Australian Capital Territory & Matish [2013] ACTSC 265Adjudication under the Building and Construction Industry (Security of Payment) Act 2009 (ACT) – order in the nature of certiorari sought – jurisdictional error – alleged that mandatory procedures set out in the Act were not complied with –Building and Construction Industry (Security of Payment) Act 2009, s 22
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16th December 2013State Water Corporation v Civil Team Engineering Pty Ltd [2013] NSWSC 1879Building and Construction - Building and Construction Industry Security of Payment Act 1999 - whether adjudicator failed to accord natural justice - whether adjudicator failed to exercise powers in good faith - whether adjudicator committed jurisdictional error.
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13th December 2013Mackie Pty Ltd v Counahan & Anor [2013] VSC 694Building and Construction Industry Security of Payment Act 2002 (Vic) – What constitutes “valid payment claim” - What constitutes “final payment claim” - Whether payment claim identified the construction work to which each payment claim related under s 14(2)(c) of the Act - Requirement to identify work in final claim under s 14(2)(c) of the Act - Whether payment claim served within time under s 14(4) of the Act – Whether invalidity under s 14(8) of the Act by reason of more than one final payment claim made
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13th December 2013Dial D v Kingston Building [2013] NSWSC 1846Building & Construction - Building contracts- Payment - Final certificate - Contracts - interpretation - whether final certificate issued in time - corresponding date rule
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12th December 2013Alexander & Law Ltd v Coveside (21BPR) Ltd EWHC 3949 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 12.12. 2013 SUMMARY (1) The existence of a Winding-Up Petition in relation to a company in whose favour an adjudication award had been issued is not an automatic defence to an application for summary judgment enforcing the award. (2) The court dealing with the application for summary judgment will not reach a decision in advance of the hearing of the Winding-Up Petition as to whether or not the company is insolvent. (3) In this case the Court found that the financial condition of the Claimant showed that there was a high risk that the Claimant would be unable to repay the amount of the Adjudicator’s award at the time when any repayment would be due to be made, and that the financial condition of the Claimant was not due in any significant part to...
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6th December 2013J G Walker Groundworks Ltd v Priory Homes (East) Ltd [2013] EWHC 3723 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment date: 6.12.2013 SUMMARY (1) It is the Notice of Intention to Refer a Dispute to Adjudication (“Notice of Adjudication”), as opposed to the Referral Notice, that defines the scope of the referral (paragraph 1 of Part I of the Scheme for Construction Contracts). Therefore, in a case in which the Notice of Adjudication mentions alleged agreed variations to the works, the Adjudicator acts within his jurisdiction when he takes into account the value of the additional work carried out by the Claimant even if the Referral Notice claims sums due under “the Contract”, defined as the original contract without the variations. (2) Where a Notice of Adjudication stated that the dispute concerned the sum due from one party to the other and whether...
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29th November 2013Aspect Contracts (Asbestos) Limited v Higgins Construction Plc [2013] EWCA Civ 1541This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary There is an implied term in a contract to which the Scheme for Construction Contracts (England and Wales) Regulations 1998 (the “Scheme”) applies that the unsuccessful party to an adjudication would be entitled to have the dispute finally determined by legal proceedings and, if successful, to recover the money it had paid. The cause of action for the recovery of such payment accrues on the date that the payment was made. In this case, therefore, the unsuccessful party had six years from the date of payment to commence legal proceedings to recover the amount which it had paid. The successful referring party in the adjudication who considers that the adjudicator awarded too little does not benefit from the extended time...
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26th November 2013RNR Contracting Pty Ltd v Highway Constructions Pty Ltd [2013] WASC 423Application to register adjudication made under Construction Contracts Act 2004 (WA) - Arguably jurisdictional error made by adjudicator – Whether adjudication ought be registered
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19th November 2013Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd (No. 2) [2013] SASCFC 124Building, Engineering and related contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Adjudication of payment claims