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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-
15th January 2015Rydon Maintenance Limited v Affinity Sutton Housing Limited [2015] EWHC 1306 (TCC)
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17th December 2014Kitt & Anor v The Laundry Building Ltd & Anor [2014] EWHC 4250 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-lawnow.com/adjudication Judgment Date: 17.12.2014 SUMMARY An adjudicator’s claim for fees and expenses associated with an adjudication were payable by the defendant as the adjudicator had acted within his jurisdiction and without breaching the rules of natural justice. Technology and Construction Court, Mr Justice Akenhead BACKGROUND In December 2011, The Laundry Building Limited (‘TLB’) engaged Etcetera Construction Services Ltd (‘ETC’) to carry out building works at a building in London. ETC issued its Final Account on 11 February 2013 which TLB disputed, alleging numerous cross claims. On 25 June 2013, ETC served a Notice of Adjudication on TLB. The Notice of Adjudication requested: a decision be made on the final account due to ETC; that TLB should...
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15th December 2014Savoye and Savoye Limited v Spicers Limited [2014] EWHC 4195 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The installation of a conveyer system in a factory building fell within the meaning of “construction operations” in section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) and in particular “form[ed] part of the land”. An Adjudicator therefore had jurisdiction to decide on a dispute in relation to these works. Whether something forms or is to form part of the land is ultimately a question of fact and degree. In coming to a decision on whether or not works under a contract “form part of the land”, one of the criteria for “construction operations” as defined in sections 150(1)(a) to (c), the Court is to have reference to the principles of law relating to...
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12th December 2014Imtech Inviron Limited v Loppingdale Plant Limited [2014] EWHC 4109 (TCC)
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3rd December 2014ISG Construction Ltd v Seevic College [2014] EWHC 4007 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Failure to serve payment notices and pay less notices in response to interim payment applications can result in the acceptance of the amount in the application, irrespective of the correct value, and preclude the paying party from bringing subsequent adjudications for a proper evaluation of the application. Technology and Construction Court, Mr Justice Edwards-Stuart background Seevic College (“Seevic”) engaged ISG Construction Ltd (“ISG”) to carry out works pursuant to a JCT Design and Build Contract 2011 (the “Contract”). The Contract provided for interim payments from Seevic to ISG at monthly intervals, and enabled Seevic to serve payment notices or pay less notices within prescribed timescales...
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3rd December 2014Imtech Inviron Limited v Loppingdale Plant Limited [2014] EWHC 4006 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary When drafting a contract, parties must make their intention to incorporate adjudication provisions from a separate agreement clear. A mere reference in general to the fact that the terms of a separate agreement is to apply is unlikely to incorporate the adjudication provisions of that separate agreement. Additionally, parties should ensure that the scope of the initial referral to the adjudicator, the Adjudication Notice, is defined clearly. BACKGROUND Loppingdale Plant Limited, (“LPL”) and Stansted Airport Ltd (“Stansted”) entered into a Framework Agreement (the “Agreement”) under which LPL was to provide services in accordance with Stansted’s capital projects programme. Under the Agreement, Stansted...
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28th November 2014Rendlesham Estates Plc & Others v Barr Limited [2014] EWHC 3968 (TCC)
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21st November 2014Matthew Harding t/a M J Harding Contractors v Paice [2014] EWHC 3824 (TCC)