- Home
- Nomination
- UK Cases
- Overseas Cases
- Panel
- Guidance
- Glossary
- Legislation
- England & Wales
- Wales
- Scotland
- Northern Ireland
- Australia (Australian Capital Territory)
- Australia (New South Wales)
- Australia (Northern Territory)
- Australia (Queensland)
- Australia (Southern Territory)
- Australia (Tasmania)
- Australia (Victoria)
- Australia (Western Australia)
- Eire
- Isle of Man
- Malaysia
- New Zealand
- Singapore
- Links
- Contact Us
Case Study Archive
Below you can see our full case archive.
There are a total of 1503 cases in our archive-
28th November 2002Skanska Construction v ERDC Group [2002] Ct of Session P1193/02This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The dispute referred in the second adjudication was not the same or substantially the same as that referred in the first adjudication. The fundamental nature and parameters of the dispute were different. Lady Paton, Outer House Court of Session. 28 November 2002 S applied to the Court for an interim interdict and interim suspension in order to halt construction contract adjudication between S and ERDC. S and ERDC had entered into a SBCC Domestic Sub-Contract Conditions DOM/C/SCOT (1997 Edition - August 1998 Revision) for landscaping works. Two adjudications arose during the course of the execution of the sub-contract works. The first related to an application by ERDC for interim payment, where ERDC believed it was owed sums in satisfaction of a claim...
-
27th November 2002Carillion Construction Ltd v Devonport Royal Dockyard Ltd HT-02-395This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If a variation to the terms of a contract is agreed orally, this must be recorded or evidenced in writing, failing which an adjudicator will not have jurisdiction to decide disputes arising under the oral agreement. There was also no dispute; the defending party had asked for more information about the alleged breach of contract which the referring party had not supplied. HHJ Bowsher QC, Technology & Construction Court 27 November 2002 D employed C as a sub-contractor. It was agreed that C would be paid its actual cost plus accruals and a fee. There was an agreed target cost, but this was amended several times. On 30 October 2001 representatives of D and C met to discuss revisions to the payment provisions. C believed that it had been agreed...
-
15th November 2002Cowlin Construction Ltd v CFW Architects [2003] EWHC 60This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A party who accepts that an adjudicator has jurisdiction in relation to a dispute cannot go back on that in a subsequent adjudication. Challenges to jurisdiction should be made at the earliest opportunity. There was a contract evidenced in writing even though not all terms had been agreed and recorded in writing. HHJ Kirkham, Technology and Construction Court, Birmingham 15 November 2002 Cowlin were employed as a design and build contractor and CFW acted as its architect for a project to rebuild servicemen's housing for the MoD. CFW ceased work in August 2001 and wrote to Cowlin claiming payment of outstanding invoices for which no Withholding Notice had been served. In a pre-emptive strike, Cowlin submitted a Notice of Adjudication seeking a declaration...
-
28th October 2002Surplant Ltd v Ballast Plc (T/A Ballast Construction South West) [2002] EWHC TC33/02
-
28th October 2002Guardi Shoes Ltd v Datum Contracts [2002] 5816 OF 2002This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The contractor has a contractual right to be paid unless the employer has served the appropriate notice specifying his complaint (a notice to withhold payment). G had not taken the opportunity to serve such a notice. It could not say that the presentation of a petition in the circumstances of the case was an abuse. Ferris J, High Court of Justice Chancery Division 28 October 2002 G engaged D in relation to refurbishment and fitting out of a shop. The work was completed but some snagging items remained to be done, which D was happy to undertake at its own expense. G said that the defects were substantial and it had lost confidence in D, so would not let D do any further work. G informed D it would not be making further payments under the contract...
-
28th October 2002Touma v Gold Holdings [2002] NSWSC 1027Security for costs of appeal - threshold requirement of special circumstances - discretionary power
-
28th October 2002Touma v Gold Holdings [2002] NSWSC 1138Leave to discontinue appeal - terms of leave - indemnity costs and indemnity by solicitor to pay those costs - s 76C and Pt 52A r 43 provide independent remedies. ACTS CITED: Supreme Court Act 1970, s 76C. - Supreme Court Rules 1970, Pt 52A r 43.
-
25th October 2002Bovis Lend Lease Ltd v Triangle Development Ltd [2002] EWHC 3123 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes For a withholding to be made against an Adjudicator's decision, an effective withholding notice must have been given, which was adjudicated upon, and the Adjudicator's decision, or another Adjudicator's decision, suggests the party can withhold. His Honour Judge Thornton QC, Technology and Construction Court 2 November 2002 The Claimant ('Bovis') agreed to refurbish and fit out three Victorian schoolhouses into 43 luxury flats for the Defendant ('Triangle'). The contract incorporated the JCT Standard Form of Management Contract, 1998 edition. The following order of events occurred: A dispute arose concerning two interim certificates which Bovis referred to adjudication; Bovis said it was terminating the contract because Triangle had engaged new...
-
18th October 2002Beckhaus v Brewarrina Council [2002] NSWSC 960Contracts - Building, Engineering and related contracts.Summary judgment application in respect of a progress claim under CL42.1 of AS 2124-1992. Superintendent fails to deal with claims within time. Contractor fails to supply statutory declaration as to payment of subcontractor. Held amount of progress claim due. - Progress claim also made under the Building Construction Industry Security of Payment Act 1999. Held claim under statutory scheme and under contract can be made at same time in one document.
-
18th October 2002Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd [2002] EWHC 2140 (TCC)