Case Study Archive

Below you can see our full case archive.

There are a total of 1503 cases in our archive
  • 12th December 2008
    Rubana Holdings Pty Limited v 3D Commercial Interiors Pty Ltd [2008] NSWSC 1405
    Building and Construction - Adjudication application - whether determination void - whether adjudicator lacked jurisdiction to deal with application - abuse of process - whether a claimant under the Act can seek to enforce its claim concurrently by proceedings in court and by adjudication - Building and Construction Industry Security of Payment Act 1999.
  • 11th December 2008
    Walter Lilly & Co Ltd v DMW Developments Ltd [2008] EWHC 3139 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Either party may seek a final determination of the issues decided by an adjudicator (whose decision is temporarily binding) in the TCC. Mr Justice Coulson, Queen’s Bench Division, Technology and Construction Court  BACKGROUND DMW engaged Walter Lilly to build a property in Earl’s Court, several rooms of which were required under the contract to be fitted with American Black Walnut natural timber veneer (“the veneer”).  A dispute arose when the veneer faded, leading DMW to withhold approximately £90,000 from Walter Lilly.  The dispute was referred to adjudication, and the Adjudicator concluded that the fading was caused by natural light and constituted a breach of contract by Walter Lilly. ...
  • 11th December 2008
    Gipping Construction Ltd v Eaves Ltd [2008] EWHC 3134 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary This case shows that failure by an adjudicator to conduct a site inspection will not necessarily give rise to a breach of natural justice, and sets out some general principles relevant to applications for an extension of time to pay a judgment sum and the meaning of indemnity costs when seeking summary enforcement of an adjudicator’s decision. Mr Justice Akenhead, Queen’s Bench Division, Technology and Construction Court  BACKGROUND Eaves Limited (“Eaves”) employed Gipping Construction Limited (“Gipping”) to build two timber-framed bungalows in Ipswich.  Disputes arose over whether the two bungalows were complete and free from defects and whether, and if so, what, sums were due to Gipping. ...
  • 10th December 2008
    Air Design (Kent) Ltd v Deerglen (Jersey) Ltd [2008] EWHC 3047 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary There may be cases where the substance of the dispute which the Adjudicator has been asked to decide overlaps with the question whether the Adjudicator has jurisdiction, such that in deciding the substance of the dispute referred to him, the Adjudicator necessarily has to decide whether he has jurisdiction.  In such cases, provided that on analysis there exists a dispute capable of being referred to adjudication, his jurisdiction as decided by him cannot be challenged merely because it transpires that the Adjudicator has answered that necessary question incorrectly: his conclusion on the question and thus on his own jurisdiction will be upheld. Mr Justice Akenhead, Queen’s Bench Division, Technology and Construction Court BACKGROUND Deerglen...
  • 9th December 2008
    R J Neller Building P/L v Ainsworth [2008] QCA 397
    APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – WHEN REFUSED – where the respondent was successful in an adjudication of its claim for payment from the applicant for work performed under a construction contract – where the respondent obtained an enforcement warrant against property owned by the applicant based upon the adjudication certificate – where the applicant commenced proceedings against the respondent seeking an order that the adjudication be set aside and damages for breach of contract – where the applicant applied to have the enforcement warrant set aside – where the applicant applied for a stay of the enforcement warrant – whether the learned primary judge erred in dismissing the applications – whether this Court may order a stay of the enforcement warrant pursuant to r...
  • 9th December 2008
    Westwood Structural Services Ltd v Blyth Wood Park Management Company Ltd [2008] EWHC 3138 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The Court has suggested that an employer may not be able to avoid payment under an adjudicator’s award on the basis of a later determination of contract. Mr Justice Coulson, Queen’s Bench Division, Technology and Construction Court  BACKGROUND Blyth Wood Park Management Company (“Blyth Wood”) engaged Westwood Structural Services (“WSS”) under a JCT Minor Works Form 1998 (“the contract”) to carry out works at Blyth Wood Park.  Clause D7 of the contract required the parties to comply with a decision of the Adjudicator.  Clause 7.2.3 provided that upon determination of the contract Blyth Wood would not be bound to make any further payment that may be due under the contract until...
  • 8th December 2008
    PT Building v ROK Build Ltd [2008] EWHC 3434
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary A party who has elected to treat an adjudicator’s decision as binding for one purpose cannot at the same time claim that it is invalid for another purpose. Mr Justice Ramsey, Queen’s Bench Division, Technology and Construction Court BACKGROUND ROK engaged PTB to carry out works in Council-owned properties in Harlow.  PTB claimed ROK had not paid, or paid late, certain payment applications and issued a notice of adjudication.  ROK contended that there was no dispute and said that PTB’s works were over-valued, so PTB issued a second notice of adjudication.  An adjudicator was appointed, to whom PTB issued a referral notice.  ROK challenged the appointment, claiming there was no dispute and the referral...
  • 5th December 2008
    Quartzelec Ltd v Honeywell Control Systems [2008 EWHC 3315
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary The respondent in an adjudication is entitled to raise any defence open to him which relates to the claim, and failure by the adjudicator to consider it will amount to a significant jurisdictional error and a breach of natural justice. His Honour Judge Stephen Davies, Queen’s Bench Division, Manchester District Registry, Technology and Construction Court BACKGROUND Honeywell, a sub-subcontractor on the Liverpool Paradise Street development, engaged Quartzelec as sub-sub-subcontractor to design, supply, install, document and commission communication systems.  The scope of Quartzelec’s works was varied and Quartzelec sought interim payment (in several consecutive applications) for the revised work scope and associated prolongation...
  • 4th December 2008
    Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC)
    This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary This case confirms that courts will do their utmost to uphold the objective that underlies the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) by enforcing an adjudicator’s decision unless it is plain that the question that the adjudicator has decided is not the question referred to him or the manner in which he has gone about his task is obviously unfair. Mr Justice Coulson, Queen’s Bench Division, Technology and Construction Court BACKGROUND Modus employed Balfour Beatty to carry out design and construction works to a shopping centre.  During the course of the project, a dispute arose over whether certain work carried out by Balfour Beatty constituted a Change entitling it to additional payment...
  • 28th November 2008
    Wormall Pty Ltd v Marchese Investments Pty Ltd [2008] WADC 173
    Building and construction - Determination made under Construction Contracts Act 2004 (WA) - Application to suspend enforcement  Legislation: Civil Judgments Enforcement Act 2004 (WA),s 15 - Construction Contracts Act 2004 (WA),s 40