Case Study Archive

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There are a total of 1503 cases in our archive

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14th October 2002
Debeck Ductworth v T&E Engineering Ltd [2002] BM250063

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If a claimant seeks to say that a contract is evidenced in writing pursuant to Section 107(4) of the 1996 Act, he will have to show that the writing evidences the whole of the agreement, not part of the agreement. RJT Consulting Engineers v DM Engineering Northern Ireland Limited followed Her Honour Judge Kirkham, Birmingham District Registry 14 October 2002 T&E entered into a contract to install air conditioning services for Eli Lilly Pharmaceuticals in Basingstoke. Debeck entered into an oral subcontract with T&E whereby Debeck agreed to undertake work of installation of ductwork for £27,000 plus VAT. The work was to be undertaken in two stages, a first fix and a second fix during March and April 2001. Debeck sought to recover the...

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13th September 2002
De Martin & Gasparini v Energy Australia [2002] NSWCA 330

BUILDING AND CONSTRUCTION CONTRACT - statutory construction - s14(3) Contractors Debts Act 1997 - attachment order - two stage process - whether the court is required to first assess the claim on the face of the application and then exercise a discretion of whether to make the order after considering other relevant evidence LEGISLATION CITED: Building and Construction Security of Payment Act 1999 (NSW) - Contractors Debts Act 1997 -NSW) ss5-9; s14 - Interpretation Act 1987 s33 - Residential Tribunal Act 1998 s63(2)

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23rd August 2002
Construction Centre Group Ltd v Highland Council CA127/02

Here Lord Macfadyen had to consider a dispute arising in relation to the Small Isles and Inverie Ferry scheme. The defenders resisted payment of an adjudicator's decision in the sum of ?250k. By clause 66 of the contract, the parties had to give "effect forthwith to every decision of ... the Adjudicator on a dispute given under this clause" unless that decision was revised by agreement or the dispute had been referred to arbitration and an arbitral award had been made. The Highland Council argued that the effect of awarding summary judgment would be to give a final judgment in place of an interim decision. Lord Macfadyen disagreed, saying that not to allow enforcement would obstruct the purpose of section 108 of the HGCRA. One of the points of adjudication was to obtain payment on a provisional basis. CCGL were not asking the Court to endorse the soundness of the adjudicator's decision but...

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20th August 2002
Hart Builders (Edinburg) Ltd v St.Andrews Ltd [2002] A69/02 Edinburgh

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19th August 2002
Peninsula Balmain P/L v Abigroup Contractors P/L [2002] NSWCA 270

PRACTICE AND PROCEDURE - STAY OF PROCEEDINGS - INTERLOCUTORY APPLICATIONS - ABUSE OF PROCESS - Proceedings struck out of list for Plaintiff's default in complying with Court's directions - application to restore dismissed because default had not been rectified - Plaintiff makes second application to restore after default rectified - whether second application is an abuse of process - principles discussed - Nominal Defendant v Manning (2000) 50 NSWLR 139 explained and distinguished. HELD: As a general rule: (i) when proceedings have been struck out under Part 13 r.3 of the District Court Rules or stayed under Part 33 r.6 of the Supreme Court Rules an application to restore the proceedings or lift the stay should only be made when the Plaintiff's default has been cured; (ii) if an application is dismissed because...

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15th August 2002
Hitec Power Protection BV v MCI Worldcom Ltd [2002] EWHC 1953

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudication can only occur if a "dispute" has arisen. If there is no dispute, any decision made by an adjudicator may be rendered unenforceable. Although it is not always easy to do, a critical matter to address before kicking-off an adjudication will be: is there a dispute? HHJ Seymour QC, Technology and Construction Court 15 August 2002 H entered into a purchase framework agreement with W and its "participating affiliates", under which W could order the design, supply and installation of certain switch gear from H. The framework agreement provided that if a purchase order was placed by W, or any of its "participating affiliates", the resultant contract would be on particular terms, including that the Scheme for Construction Contracts under...

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8th August 2002
Levolux A T Ltd v Ferson Contractors Ltd [2002] EWCA Civ 1382

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2nd August 2002
Edinburg Royal Joint Venture (Petition of) [2002] No: HT-02-121 Outer Ct of Session

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The paying party's attempt to delay enforcement of the adjudicator's decision could not succeed when the terms of the contract were read as a whole. The receiving party's failure to pay liquidated damages due to the paying party did not prevent them relying on the contract to obtain enforcement. TG Coutts QC, Outer House, Court of Session (Scotland) 2 August 2002 An adjudication had taken place between E and Broderick Structures, E's sub-contractor. The adjudicator had awarded B an extension of time of 46 weeks (not the full period it had sought) and loss and expense of £556,000. E tried to prevent that decision being enforced by B. The Contract incorporated an adaptation of the ORSA (Official Referees Solicitors Association) Adjudication...

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31st July 2002
Pring & St Hill Ltd v C J Hafner (t/a Southern Erectors) [2002] EWHC 1775 (TCC)

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An adjudicator under the Scheme cannot run related disputes in parallel without the consent of the parties. An adjudicator who has acted in a previous adjudication involving one of the parties may be biased and act contrary to natural justice if there is a chance that he will apply knowledge from a previous adjudication to the dispute before him. HHJ Humphrey LLoyd QC, Technology and Construction Court 31 July 2002 P, a main contractor, brought an application for summary judgment to enforce the decision of an adjudicator in its favour against SE, its subcontractor. The adjudication was under the Scheme for Construction Contracts. P had brought the adjudication following an adjudicator's award against it brought by the employer. P was seeking by this...

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28th July 2002
Herschel Engineering Ltd v Breen Properties Ltd [2000] BLR 272

This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Where a court has ordered summary judgment enforcing an adjudicator’s decision, the defendant will not be able to obtain a stay of execution on the ground that the claimant does not and may not have the money to repay the sum awarded if repayment was subsequently ordered in the final determination of the dispute by a court or arbitrator, unless the claimant is insolvent or of doubtful insolvency, in which case a stay may be ordered. His Honour Judge LLoyd QC – Queen’s Bench Division, Technology and Construction CourtBackground The claimant obtained summary judgment enforcing a decision of an adjudicator. The defendant then applied for a stay of execution of that judgment on the ground that recent searches on the Companies...

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