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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-
22nd July 2005Lloyd Projects Ltd v John Malnick [2005] EWHC CivThis summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A construction contract made orally and recorded subsequently in writing will only satisfy the criteria set out in s.107(2)(c) of the HGCRA if it contains all of the material terms and there are no disputes between the parties as to the terms of that contract.Her Honour Judge Kirkham – Queen’s Bench Division, Birmingham District Registry, Technology and Construction CourtBackground Mr Malnick, a commercial property solicitor, engaged Lloyd Projects to convert his offices into three residential flats. The agreement was concluded orally. Five months later, Lloyd Projects sought to record the agreement reached in a letter dated 11 February to Mr Malnick, a duplicate of which Mr Malnick was requested to countersign and return. ...
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19th July 2005Top End Homes Limited v Salem Limited HC WHA CIV 2005-488-000332
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18th July 2005Falgate v Masterform [2005] NSWSC 728BUILDING AND CONSTRUCTION - Whether the claim was a payment claim, whether failure to allow the time required before applying for adjudication was a substantial breach of natural justice, whether failure to serve application for adjudication was a breach of natural justice, and whether ceasing action in one jurisdiction indicates abandonment of rights at general law. The claim set out all the requirements under the Building and Construction Industry Security of Payment Act 1999, thus it was a payment claim. Failure to allow time required was a substantial breach of natural justice. - Held: Adjudication Determination set aside.
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14th July 2005Australian Remediation Services v Earth Tech Engineering [2005] NSWSC 715BUILDING AND CONSTRUCTION - adjudication certificate under Building and Construction Industry Security of Payment Act 1999 issued - application for injunction to restrain appointing authority from issuing certificate relating to the determination, and to restrain recipient of the determination from filing any such certificate - balance of convenience - provision of bank guarantee - form of orders ACTS CITED: Building and Construction Industry Security of Payment Act 1999
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13th July 2005Coordinated Construction Co. P/L. v Climatech (Canberra) P/L [2005] NSWCA 229BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Whether "delay damages" under contract are "for" construction work or related goods and services - Whether delay damages can be included in payment claims under the Act. LEGISLATION CITED: Building & Construction Security of Payment Act 1999, ss.3, 4, 6, 8, 9, 10, 11, 13, 17 and 22.
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13th July 2005Coordinated Construction Co. P/L. v J.M. Hargreaves (NSW) P/L [2005] NSWCA 228BUILDING AND CONSTRUCTION - Progress payments - Building & Construction Industry Security of Payment Act - Adjudicator's determination - Whether "delay damages" under contract are "for" construction work or related goods and services - Whether delay damages can be included in payment claims under the Act. LEGISLATION CITED: Building & Construction Industry Security of Payment Act 1999, ss.3, 4, 6, 8, 9, 10, 11, 13, 17 and 22.
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11th July 2005Lifestyle Retirement Projects No 2 v Parisi Homes [2005] NSWSC 705CORPORATIONS - winding up - whether bona fide dispute exists as to existence of debt - appropriateness of deciding legal question on which the alleged dispute depends - CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - remuneration - payment claim under Building and Construction Industry Security of Payments Act 1999 - whether service of Payment Claim within 12 months after construction work was last carried out is a "basic and essential requirement" to validity of an adjudication determination ACTS CITED: Building and Construction Industry Security of Payment Act 1999 - Corporations Act 2001 (Cth)
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8th July 2005Shelford Engineering and Construction Pty Ltd v Rescom Constructions Pty Ltd [2005] VCC 361Summary Judgment Application – Building and Construction Industry Security of Payment Act 2002, s.18, 26 and 27.