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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 December 2003London & Amsterdam Properties Ltd v Waterman [2003] EWHC 3059This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An hourly rate is a sensible and reasonable yardstick for determining an adjudicator's fees. If a dispute has crystallised on liability but details of quantum have not been provided then it can still be said that a dispute embracing both quantum and liability has arisen. "Ambush" by way of the submission of late evidence may result in a breach of natural justice if the other party is not given an opportunity to comment on it. An adjudicator should not proceed with a referral at all costs - if natural justice cannot be achieved then the adjudicator should abandon the referral. Waterman was engaged by LAP under a Deed of Appointment (the "Contract") as the structural and civil engineering consultants for the construction of a...
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15th December 2003Prentice Island Ltd v Castle Contracting Ltd [2003] A550/01This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator's entitlement to his fee under the Scheme for Construction Contracts is not dependant on the validity or otherwise of his decision. So long as an adjudicator is validly appointed and remains in post in good faith, he will be entitled to his fee even if it subsequently turns out, on examination by the Court, that he should have resigned. Sheriff Court, Scotland – Sheriff Principal Dunlop QC 15 December 2003 A dispute regarding the final account between Prentice and Castle was taken to adjudication under the (Scottish) Scheme for Construction Contracts. Castle maintained, both during the adjudication and in the subsequent Court proceedings, that the dispute was the same or substantially the same as a dispute which had...
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4th December 2003Multiplex Constructions Pty Ltd v Luikens [2003] NSWSC 1140ADMINISTRATIVE LAW - Whether the determination of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 is open to judicial review - whether an adjudication may be reviewed for error of law on the face of the record - the extent of an adjudicator's jurisdiction - what must be disclosed by a payment schedule under the Act - whether there were errors of law going to jurisdiction - whether whole Determination must be quashed - discretionary considerations as to granting of relief - consequences where Determination quashed. ACTS CITED: - - Building and Construction Industry Security of Payment Act 1999 (NSW) - s.2, s.3, s.8, s.9, s.10, s.11, s.13, s.14, s.15, s.16 s.17, s.18, s.19, s.20, s.21, s.22, s.23, s.24, s.25, s.26, s.27, s.32, s.34 - - Corporations Act 2001 (Cth) - s.459E - - Migration Act 1958 (Cth) - - Supreme Court Act 1970 (NSW) - s.69
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3rd December 2003Leighton Contractors Pty Ltd v Campbelltown Catholic Club Ltd [2003] NSWSC 1103Contract - building and construction - Building and Construction Industry Security of Payment Act 1999 (NSW) - Consideration of interrelationship of sundry provisions and analysis of principal's claimed entitlement to commence separate proceedings and/or to avoid summary judgment by invoking discretionary considerations - Progress claim submitted to Superintendent on same date as document purporting to be payment claim under the Act submitted to principal - Principal fails to serve payment schedule complying with sections 14(1) and (2) - Contractor commences proceedings and seeks summary judgment - Principal commences separate proceedings and seeks declaration that it does not owe any amount to contractor in respect of specific progress claim in excess of the amount specified in progress certificate issued by Superintendent and order that principal pay to the contractor such...
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1st December 2003Galliford Try Construction Ltd v Michael Heal Associates Ltd [2003] EWHC 2886This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The decision of an adjudicator, which is based on the conclusion that there was a contract between the parties, will not be enforceable if subsequent legal proceedings determine that this conclusion was wrong. Judge Richard Seymour QC, Technology and Construction Court 1 December 2003 MH was engaged as structural engineer to provide various pre-tender services in connection with a project to convert a hotel into residential apartments. G successfully tendered as design and build contractor for the project. After completing the services required under the pre-tender appointment, MH was well placed to secure an appointment to provide post-tender structural engineering services. MH provided some further engineering services while negotiations...
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21st November 2003Pegram Shopfitters v Tally Weijl [2003] EWCA Civ 1750This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where parties have agreed to enter into a construction contract, but there is disagreement as to the terms of the adjudication procedure under the construction contract, it is open to a party who reserves its position to defend enforcement proceedings of the adjudicator's decision on the basis that the adjudication proceeded under the wrong rules. Court of Appeal. May and Hale LJJ, Hooper J 21 November 2003 In this case the Court of Appeal reversed the decision of HHJ Thornton QC in Pegram Shopfitters Ltd v Tally Weijl (UK) Ltd [2003] BLR 296. The first instance decision is noted elsewhere in Adjudication Watch. To recap on the relevant facts: A shop refurbishment project was commenced without a contract having been signed. After...
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14th November 2003Abacus v Davenport [2003] NSWSC 1027ADMINISTRATIVE LAW - whether, and on what grounds, prerogative relief is available against the determination of an adjudicator under the Building & Construction Industry Security of Payment Act - jurisdictional error - errors of law on the face of the recordACTS CITED: Building & Construction Industry Security of Payment Act 1999 - Contractors Debts Act 1997
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12th November 2003Rupert Morgan B.S.Ltd v David & Harriett Jervis [2003] EWCA Civ 1563This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where, in a written construction contract, there is a 'system of certificates' and the paying party fails to give an effective withholding notice in respect of a certified sum, that sum is payable in full. Over-certification can and should be corrected in the next certificate. Overpayments might be recovered in court or arbitration proceedings. Court of Appeal 12 November 2003 The Claimants ('the Builders') were engaged by the Defendants ('the Clients') to carry out work on their cottage. The Clients appointed an Architect. There was a written contract incorporating standard terms provided by the Architecture and Surveying Institute ('the Contract'), which was treated as a construction contract under the HGCR Act 1996. The...
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7th November 2003Pasquale Lucchitti t/a Palluc Enterprises v Tolco P/L [2003] NSWSC 1070[INJUNCTIONS] - Whether the First Defendant should be restrained from taking any steps in relation to an adjudication determined by the Second Defendant in respect of a dispute between itself and the Plaintiffs - Whether adjudicator exceeded his jurisdiction in determining the dispute under the Building and Construction Industry Security of Payment Act 1999 (NSW)ACTS CITED: Building and Construction Industry Security of Payment Act 1999 (NSW) - Supreme Court Act 1970 (NSW)