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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-
6th June 2000John Mowlem & Co Plc v Hydra-Tight Ltd [2000] HT 184This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A contract can allow for the adjudicator to be selected by one of the parties. A clause requiring a notice of dissatisfaction to be served prior to adjudication may be unlawful. It is permissible for the adjudicator to be appointed to be appointed by one party from a list drawn up when the dispute arises. HHJ Toulmin CMG QC, Technology & Construction Court 16 June 2000 In this case, the parties entered into a sub-contract which incorporated the core clauses and Option A clauses of the NEC Engineering and Construction Sub-Contract, plus the addendum "Y(UK)2" published in April 1998, together with some Additional Conditions of Contract, set out as Clause Z. These additional clauses provided that J had to appoint the adjudicator, from a list of...
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18th May 2000Strathmore B.S. Ltd v C.S.Greig [2000] Outer Ct of Session CA 19/00This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A valid notice to withhold payment must be given in writing, and should not be served prior to the application for payment to which it relates Lord Hamilton, Outer House, Court of Session 18 May 2000 This case focused on the requirements of a notice to withhold payment under section 111 of the Act, under the standard form of contract, JCT Works Contractors Design 1998, Scottish edition. In this case, H had put forward a without prejudice offer in relation to monies outstanding to S. H claimed that liquidated damages and direct costs were due to it for the S's failure to complete on time. S ignored this offer, and submitted an invoice, which was accepted as their application for payment. H telephoned S's office and left a message with the telephonist...
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14th April 2000Herschel Engineering Ltd v Breen Properties Ltd [2000] HT 00/107This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A party can commence court proceedings, and then commence concurrent adjudication proceedings dealing with the same issue, provided that the court has not given final judgment. Commencing court proceedings does not operate as a waiver of the right to adjudicate. The Court commented that it may have granted a stay of execution if there was a doubt over H's ability to repay Dyson J, Technology and Construction Court 14 April 2000 The parties entered into a contract which provided that disputes would be referred to adjudication in accordance with the conditions set out in the "Construction Act 1996." B refused to pay two invoices submitted by H, and H issued proceedings in the County Court. B failed to file a Defence, and H obtained judgment. B successfully...
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14th April 2000Edmund Nuttall Ltd v Sevenoaks District Council [2002] HT 00 119This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes An employer who does not give the requisite notice of withholding before deducting liquidated damages cannot rely on its claim for them as a reason not to pay an adjudicator's award. Since the adjudicator's power to correct his award was arguable, the claimant could not automatically benefit from an error in the adjudicator's calculations and summary judgment was refused Dyson J, Technology and Construction Court 14 April 2000 E issued an application for summary judgment of the unpaid balance of an adjudicator's award. The award was for £403,120, subject to "retention and LADs as may be properly deductible under the contract." The original award issued by the adjudicator did not take into account sums paid by S to date on interim payments,...
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14th April 2000Nordot Eng. Services Ltd v Siemens plc [2000] TCC SF 00901 TCC 16/00This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Parties can agree to abide by the decision of an adjudicator even if it is uncertain whether the contract in question is governed by HGCRA 1996 and the court will give effect to such an agreement. HHJ Gilliland QC, Technology and Construction Court 14 April 2000 N carried out works for S involving the provision of a gas turbine generating plant with exhaust gases used to provide steam generation in addition. The dispute between the parties was whether N was entitled to payment for various items of plant and equipment which it supplied and particularly whether there had been an agreement as to a particular set of rates or not. N referred the dispute to adjudication; S objected, contending the contract was not a "construction contract" within the meaning...
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12th April 2000Tim Butler Contractors Ltd v Merewood Homes Ltd [2000] TCC 10/00This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The question of whether a term or programme forms part of the contract is a dispute under the contract, and an adjudicator has jurisdiction to decide it. His decision will be binding upon the parties. Mr Justice Gilliland, Manchester District Registry 12 April 2000 M placed an order with T for construction work. Correspondence between M and T indicated that the total cost would be £26,118, "payment interim valuations pre-agreed 90% material on site 28 day payments", with 5% retention. T also sent M a programme showing work commencing on 27 July and ending week commencing 16 August. The first interim application was paid, but M refused to pay subsequent applications. No notices to withhold payment were served. M claimed that the contract period...
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11th April 2000Bridgeway Construction Ltd v Tolent Construction Ltd [2000] LVO 99069, TC 14100This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes The Court may enforce provisions in a contract ordering the party referring a dispute to adjudication to bear all costs and expenses relating to it. Such a provision does not breach the provisions of the HGCRA 1996. Judge Mackay, Liverpool District Registry 11 April 2000 B was a groundworks sub-contractor engaged by T for works at a factory in Oldham. The sub-contract incorporated the adjudication procedure of the Construction Industry Council. However, T had amended this to state that the party seeking adjudication would be responsible for all costs and expenses related to the adjudication, whether or not it was successful. B commenced an adjudication claiming that T owed it unpaid sums. The adjudicator awarded B a final account sum, less...
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5th April 2000Bloor Construction (UK) Ltd v Bowmer & Kirkland (London) Ltd [2000] EWHC 183 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes A term is to be implied into construction contracts that the adjudicator can correct accidental omissions or errors where such a correction would give effect to his first intentions. The Court cannot correct such error if the adjudicator refuses to do so. HHJ Toulmin, CMG QC - Technology and Construction Court 5 April 2000 BC was a sub-contractor to BK under a contract dated 18 November 1998, which included an adjudication clause. The main contract was in the JCT. 80 standard form incorporating the April 1998 amendments containing an adjudication clause. BC gave notice of its intention to refer a dispute to adjudication on 5 January 2000. The adjudicator was appointed and due to give his decision by 9 February 2000. He asked for a 14 day extension...
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24th February 2000Grovedeck Ltd v Capital Demolition Ltd [2000] EWHC Technology 139This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If there is no agreement in writing between the parties, an adjudicator will lack jurisdiction. An exchange of submissions under S. 107(5) can only constitute an agreement in writing and confer jurisdiction if it predates the notice of referral to adjudication. HHJ Bowsher QC, Technology & Construction Court 24 February 2000 G was a demolition sub-contractor undertaking work for C at two sites under oral agreements. C claimed it had not been paid sums due to it and suspended work. It gave notice to refer disputes under both oral agreements to adjudication. C argued that the adjudicator had no jurisdiction because the contracts were not in writing as required by Section 107 of the Act. The adjudicator found that he could not investigate the question...
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22nd February 2000Nolan Davis Ltd v Steven P Catton (No1) [2000] EWHC 590This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes If parties agree to give the adjudicator the power to decide questions of jurisdiction, they will be bound by such election. In some circumstances, a director of a company may be personally liable where the company is not identified as the employer. HHJ Wilcox QC, Technology & Construction Court 22 February 2000 C was the managing director of a company known as Hazel Green Village Management Ltd. The company was based at a holiday village known as Hazel Green Village, and there were another 10 companies at the resort with similar names. C entered into a contract with N to demolish some units and carry out new build work. The contract was the Small Works Form published by the Architects and Surveyors' Institute. The employer was described in...