Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 30th October 2013
    J & A Construction (Scotland) Limited v Windex Limited [2013] CSOH 170
    In this action the defenders resist enforcement of an adjudicator's award of £120,000 or thereby on the basis that the pursuers' last publicly available accounts show an excess of liabilities over assets. They complain that the pursuers have failed to provide details as to their current financial position........
  • 28th October 2013
    Brims Construction v A2M Development Limited EWHC 3262 (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 it was found that a Notice of Adjudication was sufficiently broadly drafted to give the Adjudicator jurisdiction to decide as he did and that in any event the defendant had waived its right to raise a jurisdictional Further, in asking parties to make submissions on a point, a non-legally qualified adjudicator was not impliedly excluding parties from producing further evidence and therefore his conduct could not amount to a material breach of natural justice. Technology and Construction Court, Mr Justice Akenhead background A2M Developments Ltd (“A2M”) contracted with Brims Construction Ltd (“Brims”) in October 2012 for Brims to construct a new care home. The contract was the JCT 2011 form of Intermediate...
  • 25th October 2013
    McNab Developments (Qld) Pty Ltd v MAK Construction Services Pty Ltd & Ors [2013] QSC 293
    Contracts – Building, Engineering and Related Contracts, Remuneration, Statutory Regulation of Entitlement to and recovery of Progress Payments – Adjudication of Payment Claims – where the applicant entered into a subcontract with the respondent to carry out concreting and formwork services – where the applicant terminated the subcontract – where the first respondent served a payment claim on the applicant pursuant to the Building and Construction Industry Payments Act 2004 (Qld) – where the reference date identified in the payment claim was after the termination date of the subcontract – where the applicant served a payment schedule – where the payment claim was referred to adjudication – whether identification of patently incorrect reference date deprived adjudicator of jurisdiction – where the adjudicator decided on the amount...
  • 24th October 2013
    Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2013] NIQB 124
  • 21st October 2013
    Glendalough Associated SA v Harris Calnan Construction Co Ltd EWHC 3142 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (1) Section 107(5) of the Housing Grants, Construction and Regeneration Act 1996 (as it stood prior to amendments introduced by the Local Democracy Economic Development and Construction Act 2009) (‘the Act’) is engaged where a referral notice does not refer to an agreement clearly in writing and is capable of being construed as an assertion of an agreement made otherwise than in writing — even if the words could also be construed as describing a written agreement. (2) For there to be a valid construction contract within the meaning of section 107 there must be an agreement on at least: the parties, the scope of the work, the price (or a sufficiently certain method of ascertaining the price) and time. Technology and Construction...
  • 17th October 2013
    Jotham Property Holdings Pty Ltd v Cooperative Builders Pty Ltd & Ors [2013] VSC 552
    Building Contracts - Building and Construction Industry Security of Payment Act 2002 (Vic) - Application for judicial review of a determination of an adjudicator – Application for writ of certiorari to quash a decision of an adjudicator – Jurisdictional error – Whether a payment claim can be served multiple times - Application of s 14(8) and s 14(9) of the Building and Construction Industry Security of Payment Act 2002 (Vic) - Whether “single” or “one off” payment claim – Application of s 14(5) and s 9(2)(c) of the Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether payment claim made in time s 18 of the Building and Construction Industry Security of Payment Act 2002 (Vic)
  • 15th October 2013
    Sugar Australia Pty Ltd v Southern Ocean Pty Ltd & Anor [2013] VSC 535
    Practice and Procedure – Subpoena issued under r 42 Supreme Court (General Civil Procedure) Rules 2005 seeking production of a computer – Statement of a preliminary question for determination under r 47.04 of the Rules – Allegation of fraud – Risks of alleging fraud
  • 11th October 2013
    National Museums and Galleries on Merseyside v AEW Architects and Designers Limited EWHC 3025 (TCC)
  • 9th October 2013
    Fermanagh District Council v Gibson (Banbridge) Limited [2013] NIQB 117
  • 4th October 2013
    Pioneer Cladding v John Graham Construction Limited [2013] EWHC 2954 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary A clause in a sub-contract which provided that any sum awarded by an adjudicator in favour of the sub-contractor must be paid into an escrow account was invalid and unenforceable as being in breach of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”). (2) The same applied to a clause which provided that the adjudicator’s fees were to be borne by the party referring the dispute to adjudication. (3) A stay of execution of a judgment enforcing an adjudicator’s decision was granted where, although the claimant’s financial position was no worse at the date of the judgment than it was at the date when the contract had been made, the claimant had misled the defendant into thinking that they were a...