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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-
26th June 2010Enterprise Managed Services v Tony McFadden Utilities [2010] EWHC 1506 (TCC)
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25th June 2010Anglian Water v Laing ORourke Utilities Ltd [2010] EWHC 1529 (TCC)
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25th June 2010Lorraine Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Where the Statutory Scheme for Construction Contracts (the “Scheme”) applies to adjudication, the failure of the Adjudicator to deliver his decision as soon as possible after he has reached his decision, in accordance with paragraph 19(3) of the Scheme, will render the decision unenforceable. Technology and Construction Court, Mr Justice Akenhead background The claimant (“Ms Lee”) engaged the defendant contractor (“Chartered”) to carry out refurbishment works at a residential property pursuant to a standard JCT Minor Works Building Contract Form 2005 edition. The contract provided that if a dispute arose and a party wished to refer it to adjudication then the Scheme should apply with the RIBA as...
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24th June 2010Sheppard Homes Pty Ltd v FADL Industrial Pty Ltd [2010] QSC 228Contracts – Building, engineering and related contracts – The contract – Generally – Agreement for the provision of licence to use drawings – Whether a construction contract – Whether a “related service” under the Act - Procedure – Supreme Court procedure – Queensland – Jurisdiction and generally – Generally –Inherent jurisdiction to determine whether an inferior tribunal exceeded its jurisdiction - Statutes – Acts of Parliament – Interpretation – Particular words and phrases - Building and Construction Industry Payments Act 2004 (Qld), s 3(1), s 11 – “services” and “architectural or design services” – Excludes the supply of a licence to use drawings - Building and Construction Industry Payments Act 2004 (Qld), s 3(1), s 3(2), s 11 - Kirk...
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22nd June 2010RBG Limited v SGL Carbon Fibres Ltd [2010] CSOH 77This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication SUMMARY (1) Where an adjudicator has acted intra vires, the courts will not intervene even if the decision is incorrect. But where an adjudicator has acted ultra vires – for example, by acting in breach of natural justice, or in failure to exercise jurisdiction – it is for the Court to decide whether his decision is vitiated as a result. (2) As regards jurisdiction, an adjudicator, while restricted to issues focused in the dispute, has nevertheless both the power and duty to determine whether or not a claim that is put forward in respect of valuation of work done is validly asserted under the contract. (3) The response to the claim for payment in this case was that no payment was due because of earlier overpayment. Even if this was not a...
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21st June 2010Concrete Structures (NZ) Limited v NZ Windfarms Limited [2010] NZCA 450
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21st June 2010W W Gear Construction v McGee Group Ltd [2010] EWHC 1460 (TCC)
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21st June 2010Concrete Structures (NZ) Limited v NZ Windfarms Limited [2010] NZCA 450
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18th June 2010Paul Price v Ian Carter Building Contractors [2010] EWHC 1451 (TCC)
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17th June 2010ROK Building Ltd v Bestwood Carpentry Ltd [2010] EWHC 1409 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary 1) Where a written contract provides for a mechanism for arriving at a price then it is not necessary, for there to be a construction contract in writing for the purposes of s.107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”), that the actual price is expressly recorded in writing. (2) Where there is no agreement as to price whether oral or otherwise but all the other terms of the contract are in writing, there can still be a construction contract in writing within s.107 of the Act, as the Court will determine the price having regard to an implied term as to reasonable rates or prices. (3) However, where a written contract refers to “agreed prices” and these prices have been agreed...