Case Study Archive

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There are a total of 1503 cases in our archive

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21st March 2002
Edmund Nuttall Ltd v R G Carter Ltd [2002] EWHC 400 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Whilst a dispute can be about a "claim", there is more to a dispute than simply a claim which has not been accepted. For there to be a dispute, there must have been an opportunity for the protagonists to consider the whole package of arguments advanced and the facts relied on by each side and to formulate reasoned arguments. Whilst a refinement of the arguments may not alter fundamentally the "dispute", a party cannot abandon wholesale facts or arguments and contend that because the "claim" remained the same the "dispute" remains the same. If the dispute does not remain the same an adjudicator appointed in relation to the reformulated dispute acts without jurisdiction R Seymour QC, Technology and Construction Court 21 March 2002 C engaged N under...

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11th March 2002
Jamil Mohammed v Dr Michael Bowles [2002] 394 SD 2002

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court allowed the successful party in an adjudication to serve a statutory demand against the losing party. Although the contract was in respect of residential premises, the parties had agreed to resolve disputes by adjudication. The losing party's complaints about jurisdiction were insufficient to show that the debt was disputed on substantial grounds. Registrar Derrens [unknown court] Unknown date, reported on Building website 14 March 2003 M entered into a contract with B to carry out works at B's house. Although the contract was with a residential occupier, the contract provided for adjudication of disputes. B commenced adjudication, claiming that the works had not been completed satisfactorily. M disputed the adjudicator's jurisdiction. The...

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8th March 2002
RJT Consulting Engineers Ltd v DM Engineering Ltd [2002] EWCACiv 270

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The material terms of the relevant agreement must be sufficiently recorded in any one of the forms prescribed by s107 HGCR Act 1996 for the requirements of that section to be met and for the agreement to constitute a "construction contract". Court of Appeal (Auld LJ, Ward LJ, Robert Walker LJ) 8 March 2002 The facts and the decision at first instance are set out on page 68. The claimant, R, appealed from that decision. On appeal, the court found in favour of R. In his judgment, LJ Ward found that the judge was wrong to conclude that it was sufficient for the purposes of s.107 HGCR Act 1996 for there to be merely evidence supporting the existence of an agreement. Even that was correct, however, the documents relied on in this case were wholly insufficient....

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27th February 2002
Gibson v Imperial Homes [2002] FWHC 676 QBAT 1353

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A person may sue on a contract entered into in the pre-formation stage of a company on his own behalf and on the part of the company under s.36C(1) of the Companies Act 1985. The Adjudicator's jurisdiction therefore extends to cover circumstances where an adjudication is commenced by such a person. John Toulmin QC, Technology and Construction Court 27 February 2002 A company, CD, applied for planning permission to develop a property in London. A further company, CN, wrote to I at the same address as CD to confirm that it would be acting for the employer's agent on the development project. A reply sent on I's headed paper, confirmed CD's appointment, but asked that invoices or accounts be made out in the name of CD as the property was in that name. CN...

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26th February 2002
Total M&E Services v ABB Technologies [2002] EWHC 248 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A party's costs of an adjudication cannot be recovered as damages for breach of contract. Risk of failure to pay in the event that the court, in full litigation, disagrees with the adjudicator's decision can be taken into account in determining whether a stay of enforcement of the decision should be granted, but the party seeking the stay must produce compelling and uncontradicted evidence of that risk. HHJ David Wilcox, Technology and Construction Court 26 February 2002 AB entered into a sub-contract for electrical installation works with T. There were no provisions in the contract for any work beyond that described in the contract or payment for such work. Substantial works beyond the original scope of the works were performed by T. AB accepted...

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15th February 2002
Solland v Daraydan Holdings [2002] EWHC 220HT 01/481

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Generally, an adjudicator's decision will be enforced and summary judgment will not be withheld on the basis that the defendant has a cross claim equalling or exceeding the amount awarded by the adjudicator Judge Seymour QC, Technology and Construction Court 15 February 2002 The contractor S agreed to undertake the design, construction and refurbishment of a property for D on the terms of Conditions attached to the Building Contract. The Conditions incorporated the Scheme for Construction Contracts and provided that "the Adjudicator's decision is binding until the dispute is finally determined by the Courts." The Conditions also stated that there would be liquidated damages of £15,000 per week. In a separate furnishing contract, S agreed to...

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15th February 2002
Ashley House v Galliers Southern Ltd [2002] TCC 15.02.2002

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14th February 2002
Earls Terrace Properties Ltd v Waterloo Investments Ltd [2002] HT 02/237 TCC

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Housing Grants, Construction and Regeneration Act 1996 cannot be made to have retrospective effect if a construction contract, made before the Act came into force, is subsequently varied by an agreement that itself does not fall within the Act as a construction contract. Any adjudication commenced under that Act in relation to such agreement is therefore void and the adjudicator has no jurisdiction to act. Seymour QC 14 February 2002 W entered into an Agreement dated 4 December 1996 to provide development, construction and a range of related services for E. The Agreement was varied on 20 July 1998 by another agreement described as a Deed of Variation. With one exception (of no significance here) this Deed of Variation altered the provisions concerning...

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8th February 2002
Quality Street Properties Ltd v Elmwood [2002] 258/2002 S

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Reaching a compromise agreement in relation to a dispute, which might otherwise be referred to adjudication, could oust the jurisdiction of an adjudicator, as there would no longer be a dispute. Sheriff Principal Edward Bowen QC 8 February 2002 This was an appeal from a first instance decision of the Sheriff denying Q an injunction to stop E from appointing an Adjudicator pursuant to a Scottish Minor Works Contract. The Contract Works involved alterations to properties in Glasgow, which were completed in November 1999. Following completion of the works E started an action in Court against Q for sums it believed were owed to it under the Final Account. Q lodged detailed defences the substance of which were that the Contract Price had been the subject...

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31st January 2002
C & B Scene Concept Design Ltd v Isobars Ltd [2002] BLR 93 TCC

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