Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive

previous 1 2...139 140 141142143 144 145...150 151 next

13th August 2001
Bourke Road P/L v Boxster Constructions P/L [2001] NSWSC 717

CORPORATIONS [216]- Winding up- statutory demand- Defective- Point not taken in time- Other invalid attacks made on demand- Giver of demand now in liquidation- Whether demand can or should be set aside.ACTS CITED: Corporations Law, ss 459G, 459J - Building & Construction Industry Security of Payment Act, 1999, s 11

Click here to read more
8th August 2001
Stubbs Rich Architects v W H Tolley Ltd [2001] BP001105

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An Adjudicator's fees can only be challenged under the JCT Adjudication Agreement if the Adjudicator has acted in bad faith. The hours worked by the Adjudicator here were not excessive given that the Adjudicator acted as investigator and judge. Recorder Lane QC, Gloucester County Court 8 August 2001 This was an appeal by S, the Architect, from a first instance decision awarding WHT, a building contractor, the sum of £1,175 plus interest fees and costs. T entered into two separate JCT Agreements for Minor Works with Torridge District Council. Disputes arose between T and the Council on both Agreements. The disputes were referred to adjudication under the provisions of the JCT contracts and an Adjudicator was appointed from S. An Adjudicator's...

Click here to read more
8th August 2001
Stiell Facilities Limited v Sir Robert McAlpine Limited [2001] ScotHC 82

Click here to read more
7th August 2001
Maxi Construction Ltd v Mortons Rolls Ltd [2001] Outer Ct of Session

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes To constitute a claim for payment pursuant to paragraph 12 of the Scheme the relevant application must be an application for payment, not simply an application for valuation and certification. It must also state the basis on which the payment claimed was calculated. Lord Macfadyen, Outer House, Court of Session 7 August 2001 MC carried out certain construction works for MR. The contract between the parties was a construction contract within the meaning of HGCR Act 1996. MC contended they were entitled to an interim payment on the basis of a document they called "Application for Payment 10" and decree de plano (judgment granted in all respects) should be pronounced. MR contended that the document relied on by MC did not constitute an application for...

Click here to read more
3rd August 2001
Millers v Nobles Construction Ltd [2001] TCC 64/00

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A letter recording an oral agreement may be sufficient evidence of a contract for the purposes of s107 of the 1996 Act even if it has not been authorised by both parties. Deductions from monies otherwise payable under a construction contract – whether by way of set-off or abatement - are not permissible unless a s111 notice has been served. HHJ Gilliland, Salford County Court 3 August 2001 M applied for summary judgment on the grounds that N had no real prospect of successfully defending the claim. M claimed for payment for goods and joinery services supplied to N under 10 separate invoices. Each invoice stated that payment was due 30 days after the invoice was issued. M contended that the contract between the parties was a "construction...

Click here to read more
30th July 2001
Yarm Road Ltd v Costain Ltd [2001] HT01228 TCC

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A novation agreement made after the HGCR Act 1996 came into force which novates rights and obligations under a construction contract made before the HGCR Act 1996 came into force constitutes a construction contract within the meaning of section 104 HGCR Act and the parties to it are therefore entitled to refer a dispute to adjudication. However the Court's decision in this case is not to be taken as deciding that sections 109-113 of the Act have a retrospective effect HHJ Richard Havery QC, Technology and Construction Court 30 July 2001 The application before the court was for a declaration sought by Y that it was entitled to pursue two disputed monetary claims against C by way of adjudication as provided for by the HGCR Act 1996. The question...

Click here to read more
27th July 2001
David McLean Housing Contractors Ltd v Swansea Housing Association Ltd [2001] EWHC 830 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's decision is a decision concerning the parties' rights and obligations under the contract and does not create a debt in its own right. As a consequence, it is possible to serve a valid withholding notice against an adjudicator's decision and to withhold sums from amounts awarded by the adjudicator. HHJ Lloyd QC, Technology and Construction Court 27 July 2001 D contracted with S to redevelop the former head post office in Swansea to provide housing. The contract was based on the standard form JCT 81 with Contractor's Design. Practical completion was achieved late in July 2000 and a payment application, no. 19 was made in autumn 2000, claiming money for direct loss and expense, money for the valuation of variations, measured work and...

Click here to read more
24th July 2001
Gibson Lea Retail Interiors Ltd v Makro Ltd [2001] BLR 407

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes In this case, shop fitting works were not "construction operations" under HGCRA 1996 since the fittings supplied were not "fixtures". HHJ Seymour QC, Technology and Construction Court 24 July 2001 M employed G to undertake the supply and installation of shop fittings in four stores. The work for each store had a separate contract and in each case was formed by M's acceptance by an order of a quotation submitted by G. The items supplied and installed were fixed to ensure they would be stable; however the moveable nature of the equipment supplied by G was emphasised. G rendered various invoices to M in respect of the works which were not paid by M. G sought a declaration by way of summary judgment that the works forming the subject of contracts between...

Click here to read more
18th July 2001
Green (Barrie) v GW IBS Ltd & G&M Floorlayers Ltd [2001] LE014261 Leicester CC

Click here to read more
17th July 2001
City Inn Ltd v Shepherd Construction Ltd [2001] Outer House. CA 101/00

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's decision does not affect the burden of proof in arbitration or court proceedings. Lord MacFadyen, Outer House, Court of Session 17 July 2001 CIL engaged SCL as the contractor for the construction of a hotel in Bristol under an amended JCT Standard Form of Building Contract Private Edition with Quantities (1980 Edition). The project over-ran. The Architect certified SCL an extension of time of 4 weeks. An adjudicator granted SCL a further 5 weeks. The dispute went to court, CIL contesting both the 4 week and 5 week extensions of time, claiming liquidated and ascertained damages and repayment of loss and expense certified by the Architect. SCL said that the adjudicator's decision threw the burden of proof on to CIL to show that the...

Click here to read more

previous 1 2...139 140 141142143 144 145...150 151 next