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England Cases
There are over 300 English cases in our database. This page shows all the cases by default, but you can filter the list by using the search tool above. You can search within the title, key terms, court name, judge's name and case notes fields by inputting a word, or words, or part of a word, or a phrase, into the search box.
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25th June 2010Lorraine Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary Where the Statutory Scheme for Construction Contracts (the “Scheme”) applies to adjudication, the failure of the Adjudicator to deliver his decision as soon as possible after he has reached his decision, in accordance with paragraph 19(3) of the Scheme, will render the decision unenforceable. Technology and Construction Court, Mr Justice Akenhead background The claimant (“Ms Lee”) engaged the defendant contractor (“Chartered”) to carry out refurbishment works at a residential property pursuant to a standard JCT Minor Works Building Contract Form 2005 edition. The contract provided that if a dispute arose and a party wished to refer it to adjudication then the Scheme should apply with the RIBA as...
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21st June 2010W W Gear Construction v McGee Group Ltd [2010] EWHC 1460 (TCC)
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18th June 2010Paul Price v Ian Carter Building Contractors [2010] EWHC 1451 (TCC)
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17th June 2010ROK Building Ltd v Bestwood Carpentry Ltd [2010] EWHC 1409 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary 1) Where a written contract provides for a mechanism for arriving at a price then it is not necessary, for there to be a construction contract in writing for the purposes of s.107 of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”), that the actual price is expressly recorded in writing. (2) Where there is no agreement as to price whether oral or otherwise but all the other terms of the contract are in writing, there can still be a construction contract in writing within s.107 of the Act, as the Court will determine the price having regard to an implied term as to reasonable rates or prices. (3) However, where a written contract refers to “agreed prices” and these prices have been agreed...
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26th May 2010Traditional Structures v HW Construction Ltd [2010] EWHC 1530 (TCC)
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13th May 2010Cleveland Bridge (UK) Ltd v Whessoe-Volker Stevin Joint Venture [2010] EWHC 1076 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes summary (1) In order to decide whether a contract was a contract for “construction operations” for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (the “Act”) it was necessary to look at the nature of the work broadly. (2) Where a contract was partly for construction operations and partly for non-construction operations, in determining the part that related to non-construction operations the wording of s.105(2) of the Act should be interpreted narrowly. (3) Where an adjudicator’s decision simultaneously addresses matters relating to construction operations alongside matters relating to non- construction operations, the decision is generally not severable to allow that part which is within the...
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23rd April 2010Pilon Limited v Breyer Group Plc [2010] EWHC 837 (TCC)This summary was provided by CMS Cameron McKenna LLP. For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes Summary Where there is no agreement between the parties, whether express or implied, as to the binding nature of a adjudicator’s investigation into his own jurisdiction, the results of such an investigation will not temporarily bind the parties pending the final determination of a dispute, and the challenger can defeat any subsequent enforcement proceedings by showing a respectable case that the adjudicator had reached an incorrect conclusion as to jurisdiction. Where an adjudicator erroneously restricts his decision on the basis of a mistake as to his own jurisdiction, this may constitute a breach of the rules of natural justice and, in certain circumstances his decision may accordingly be unenforceable. Where there is only one dispute...