Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive

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24th February 2010
AMEC Group v Thames Water Utilities [2010] EWHC 419 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary (a) Where an adjudication relates to disputes arising in connection with works carried out under works packages issued under a Framework Agreement, an adjudicator appointed under the Framework Agreement will have jurisdiction to decide those disputes when the claim and counter-claim refer to its provisions. (b) Where second round submissions are served late in the adjudication process, there is neither an obligation on the adjudicator to consider them in detail, nor a breach of the rules of natural justice if he does not do so. (c) The requirement for an adjudicator to “respond to the issues” does not impose upon an adjudicator an obligation to provide an answer to each and every issue that may be raised in the parties'...

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22nd February 2010
Forest Heath District Council v ISG Jackson Limited [2010] EWHC 322 (TCC)

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19th February 2010
Andrew Lawson Building Ltd v Swennen & Gielen CIV-2009-406-286

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19th February 2010
Macennovy Trust Ltd v Sefton Construction Ltd CIV-2009-404-007659

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17th February 2010
Longmont Consolidated Pty Ltd v Fleetwood Pty Ltd [2010] WASAT 23

Construction Contracts Act 2004 (WA) - Application for review of decision by adjudicator to dismiss - Grounds of dismissal that application not served in time - Whether provisions of Sch 1, Div 5 to be implied Legislation: Construction Contracts Act 2004 (WA), s 3, s 6, s 16, s 17, s 18, s 26, s 26(1), s 46(1), s 53, Sch 1 Div 5, Sch 1 Div 5 cl 7, Sch 1 Div 5 cl 7(3)

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16th February 2010
Adams v Zen 28 Pty Ltd & Ors [2010] QSC 36

Procedure – Supreme Court Procedure – Queensland – Procedure under rules of Court – Summary Judgment – where decision made by adjudicator appointed under Building and Construction Industry Payments Act 2004 in favour of applicant against first respondent – where applicant commenced the present proceeding by filing an originating application seeking specific relief against first respondent – where undertakings were given by which the applicant refrained from enforcing the judgment debt and proceedings were adjourned – where consent order signed by parties’ solicitors whereby an undertaking was given by the first and second respondents to provide a bank guarantee and by the applicant to provide a withdrawal of a caveat upon delivery of the bank guarantee – where the first respondent company went into voluntary...

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12th February 2010
David & Gai Spankie & Northern Investment Holdings Pty Ltd v James Trowse Constructions Pty Ltd & Ors (No. 2) [2010] QSC 166

Contracts – Building, Engineering and related Contracts – Remuneration – Statutory Regulation of Entitlement to and recovery of Progress Payments – where errors in the allowance of a progress claim by an adjudicator – whether adjudication void for want of good faith or failure to accord natural justice - Building and Construction Industry Payments Act 2004 - (Qld) Queensland Building Services Authority Act 1991 (Qld), s 13, s 26, s 29(2), s 67J, s 99 - Brodyn Pty Ltd t/as Time Cost & Quality v Davenport & Anor (2004) 61 NSWLR 421 - John Holland Pty Ltd v TAC Pacific Pty Ltd & Ors [2009] QSC 205 - Queensland Bulk Water Supply Authority v McDonald Keen Group Pty Ltd & Anor [2009] QSC 165 - Queensland Bulk Water Supply Authority t/a Seqwater v McDonald Keen Group Pty Ltd (in liq) & Anor [2010] QCA 007 - Re Minister...

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11th February 2010
GPS Marine Contractors v Ringway Infrastructure Services [2010] EWHC 283 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes SUMMARY (1) A general reservation in relation to the jurisdiction of the adjudicator was sufficient to preserve the respondent’s rights to resist enforcement of the adjudicator’s award on grounds of lack of jurisdiction. (2) Where the parties to an adjudication disagree as to whether or not a compromise or withdrawal of the dispute had taken place before the dispute was referred, then, where the resolution of the disagreement will involve the adducement of oral evidence, an application to enforce the adjudicator’s decision by way of summary judgment will not be granted. (3) An agreement between the parties that an adjudicator had made an error of fact or law in his decision will not mean that the adjudicator’s decision...

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10th February 2010
Fleming Builders v Forrest [2010] CSIH 8

This action followed an adjudication and a preliminary hearing on the evidence. The Defenders claimed during the adjudication amongst other things that there was no contract and accordingly the adjudicator had no jurisdiction. The adjudicator having found the parties to the contract to be the Pursuers and Defenders made a decision in favour of the Pursuers for the Defenders to pay the Pursuers. No payment was made. A preliminary hearing on the evidence found that there was a contract and there had been no failure on the part of the adjudicator to take account of the evidence, have regard to the argument that there was no contract at all or that there had been a breach of natural justice. The Defenders reclaimed against the interlocuter that there was no contract between the Pursuers and the Defenders. The preliminary findings were upheld. The reclaiming motion was refused

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10th February 2010
Luxta Limited v Capital Construction Limited CIV-2009-485-1957

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