Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 3rd October 2013
    CG Group Limited v Breyer Group PLC [2013] EWHC 2959 (TCC)
  • 2nd October 2013
    KNN Coburn LLP v GD City Holdings Limited [2013] EWHC 2879 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary (1) In an adjudication under the Scheme for Construction Contracts, the time for the adjudicator to reach his/her decision runs from the date of the referral notice not the date when the supporting documents are received, except where the nature of the dispute cannot be identified without reference to the supporting documents. (2) A responding party who participates without protest in an adjudication in accordance with a timetable that does not comply with the Scheme may lose any right to object that the adjudicator’s decision has not been reached in time. A referring party who so participates may be taken to have consented to the adjudicator having further time to reach his/her decision under the Scheme. (3) On the facts of this case...
  • 26th September 2013
    Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd [2013] SASFCC 99
    A Judge of the District Court granted an interlocutory injunction restraining the respondent, Adelaide Interior Linings Pty Ltd, from obtaining an adjudication certificate, filing it as a judgment or enforcing the judgment under the Building and Construction Industry Security of Payment Act 2009 (SA) ("the Act"). The basis for seeking the injunction was a claim that, if Romaldi was successful in the substantive action in the District Court, there was a sufficient risk that Romaldi would not recover from Interiors the amount of the adjudication. A Judge of this Court allowed Interiors’ appeal and discharged the interlocutory injunction.  His honour held that the District Court Judge had no power to grant the injunction and in any event a stay of the judgment based on an adjudication certificate would not have been warranted. Interiors obtained an adjudication certificate and filed...
  • 20th September 2013
    McCarthy v State of Queensland [2013] QCA 268
    Contracts – Building, Engineering and related Contracts - Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – Payment Claims – where the applicant and respondent entered into a construction contract – where the applicant made 17 payment claims pursuant to s 17 of the Building and Construction Industry Payments Act 2004 (Qld) (the Act) – where payment claim 17 claimed $272,987 in respect of under-measures on the Bill of Quantities – where the respondent contended that the payment claim contravened s 17(5) of the Act as it was in respect of work previously claimed for and paid in relation to earlier reference dates – where the applicant swore that these matters had not been included in any prior claim – where the respondent failed to serve a payment schedule on the applicant under s 18 of the...
  • 19th September 2013
    Ooralea Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd & Anor [2013] QSC 254
    Contract – Building, Engineering and related Contracts – The Contract – Construction of particular contracts and Implied Conditions – where the applicant, as principal, entered into a contract with the first respondent, as contractor, for the performance of certain works in connection with a subdivisional development – where there was a dispute as to the amount of a payment claim owed by the applicant to the respondent under the Building and Construction Industry Payments Act 2004 (Qld) (“BCIPA”) – where there was an adjudication which determined the amount to be paid by the applicant to the respondent - where the applicant applied for a declaration that the adjudicator’s decision is void and an injunction to restrain the respondent from enforcing the adjudicator’s decision – whether the declaration voiding the adjudicator’s...
  • 6th September 2013
    Watpac Construction (Qld) Pty Ltd v KLM Group Ltd & Ors [2013] QSC 236
    Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulations of Entitlement to and recovery of progress Payments – Adjudication of Payment Claims – where respondent and applicant entered into a contract for certain construction works – where respondent made payment claim pursuant the Building and Construction Industry Payments Act 2004 (Qld) – where the payment claim was referred to adjudication – where adjudicator ordered applicant to pay respondent – where applicant seeks judicial review of adjudicator’s decision on a number of grounds – where applicant contends adjudicator’s decision is affected by jurisdictional errors by misinterpreting the contract – whether a misinterpretation of the contract amounts to a jurisdictional error
  • 5th September 2013
    CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary (1) The broad scope of the dispute referred to the Adjudicator in this case meant that he had jurisdiction to decide the case on the basis that he did. (2) Where, as in this case, there were extensive issues raised on the written submissions between the parties in the adjudication which provided a variety of permutations upon which the adjudicator had to decide, the Court should not have to carry out a relatively minute examination of all the arguments and contentions put forward by the parties in the adjudication to seek to determine whether the final permutation in the exact form as found to apply by the adjudicator was or was not specifically highlighted by a party. If the permutation as found is covered by the presented arguments, it should...
  • 4th September 2013
    Richard Heis & Others as Joint Administrators of Connaught Partnerships Ltd v Perth & Kinross Council [2013] CSOH 149
  • 29th August 2013
    Parkwood Leisure Ltd v Laing O'Rourke Wales and West Ltd [2013] EWHC 2665 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit summary Depending upon its wording and the relevant contractual background, a collateral warranty can be a “construction contract” for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) and be subject to the mandatory adjudication regime. Technology and Construction Court, Mr Justice Akenhead Background In April 2006, Orion Land & Leisure (Cardiff) Ltd (“Orion”) engaged Laing O’Rourke Wales & West Ltd (“LOR”) under a standard JCT design and build contract to design and construct a swimming and leisure facility in Cardiff (the “Contract” and the “Works”). The Works were due to be completed by 21 December 2007. In January 2008...
  • 28th August 2013
    Dial D Pty Ltd as trustee for the Smith Street Unit Trust v Kingston Building (Australia) Pty Ltd [2013] NSWCA 277
    Contracts - building, engineering and related contracts - the contract - construction of contract - whether further progress claim could be made - whether Superintendent entitled to issue progress and other payment certificate in month when no work done and contractor did not issue progress certificate - whether Superintendent's progress certificate void Legislation Cited: Building and Construction Industry (Security of Payments) Act 1999