Adjudication Cases

Fri, 15th August 2008

VGC Construction Ltd v Jackson Civil Engineering Ltd

The claims made in the payment applications in context were not so nebulous and ill-defined as to be incapable of giving rising to a dispute

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Fri, 25th July 2008

Makers UK Ltd v London Borough Of Camden

There was no implied contractual term that neither party should seek to influence unilaterally the nominator's appointment of an adjudicator by making unilateral representations to the nominator concerning whom it should nominate

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Thu, 29th May 2008

Cubitt Building And Interiors Ltd V Richardson Roofing

Assuming that the sub-contract incorporated the arbitration agreement in DOM/1, the arbitration proceedings brought by the sub-contractor should not be stayed by the court to allow the contractor to adjudicate its claim for liquidated damages

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Mon, 28th April 2008

Avoncroft Construction Ltd V Sharba Homes (CN) Ltd

The employer was not entitled to set off its alleged entitlement to liquidated damages against the specified sum awarded by the adjudicator to the contractor even if it was so entitled

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Mon, 21st April 2008

T & T Fabrications Ltd v Hubbard Architectural Metal Work Ltd

There was an arguable case as to the question of jurisdiction on the ground that the contract did not comply with section 107 of the Construction Act by reason of there being two material terms of the contract agreed orally which were not reduced to writing

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Thu, 17th April 2008

Aedas Architects Ltd V Skanska Construction UK Ltd

It could not be said that the contractor's defence was bound to fail by reason of its withholding notices not being effective since there had been no attempt to attribute the individual sums sought to be withheld to individual grounds for withholding

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Thu, 13th March 2008

Edenbooth Ltd V Cre8 Developments Ltd

The employer company was not a residential occupier with the result that the contract was not exempt from the application of the Construction Act 1996 by the operation of section 106(1)(a)

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Wed, 27th February 2008

Cantillon Ltd v Urvasco Ltd

Akenhead J in this case reviewed the caselaw on what constitutes "a dispute" for adjudication and arbitration purposes. In particular he considered the statements of Judge LLoyd in KNS Industrial Services (Birmingham) Ltd -v- Sindall Ltd (2001), the Court of Appeal's decisions in Collins (Contractors) v Baltic Quay Management (2004) and Amec Civil Engineering v Secretary of State for Transport (2005).

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Fri, 30th November 2007

Pc Harrington Contractors Ltd V Multiplex Constructions (Uk) Ltd

The sub-contractor was not entitled to the declaration it sought, namely that the contractor would not be entitled in the adjudication it had begun against the sub-contractor to recover damages in respect of its claim that the sub-contractor was in breach of contract by producing defective floors

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Thu, 29th November 2007

Williams v Noor

The omission from the contractor's notice of adjudication of the name of the owner of the contractor's business as the contracting party did not invalidate the entire adjudication proceedings for non-compliance with paragraph 1(3) of the Scheme for Construction Contracts

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Tue, 20th November 2007

Ledwood Mechanical Engineering Ltd V Whessoe Oil And Gas Ltd

The adjudicator's decision that the contractor had wrongly withheld various amounts from the sum otherwise due to the sub-contractor in respect of an interim payment application should be enforced by requiring the contractor to pay to the sub-contractor the total sum withheld

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Thu, 15th November 2007

Harris Calnan Construction Co Ltd V Ridgewood (Kensington) Ltd

The employer's jurisdictional challenge based on there being no contract in writing could not succeed in the court enforcement proceedings on the basis that the employer failed to reserve its position in the event of the adjudicator rejecting the challenge

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Tue, 30th October 2007

Ringway Infrastructure Services Limited V Vauxhall Motors Limited (Part II)

The contractor was entitled to interest on the sum awarded by the adjudicator for the period of time ordered by the adjudicator notwithstanding that it could properly be said that the contractor was entitled to interest for a longer period of time

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Thu, 25th October 2007

Treasure & Son Ltd V Dawes

The statement of the contractor's director in the adjudication that there was an oral variation to the contract was not denied by the employer in the adjudication and therefore constituted a written agreement under section 107(5) of the Construction Act

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Tue, 23rd October 2007

Ringway Infrastructure Services Limited V Vauxhall Motors Limited (Part I)

The court should enforce the adjudicator's decision awarding the contractor the full amount of its interim payment application under JCT 98 WCD where the employer had failed to give notice under clause 30.3.3 specifying the amount of the payment proposed to be made

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Tue, 17th July 2007

Pierce Design International Ltd V Johnston

The contractor was entitled to the interim payments which had fallen due under JCT 98 WCD more than 28 days before the purported determination of the contractor's employment (for alleged poor progress) on the basis that the proviso to clause 27.6.5.1 applied in such circumstances

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Mon, 9th July 2007

Stirling V Westminster Properties Scotland Ltd

The builder's incorporation of a company after the contract had been concluded between himself and the employer and the use of the company's name on letters and invoices subsequently issued by the builder did not mean that no dispute could have arisen for adjudication purposes

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Wed, 4th July 2007

DGT Steel & Cladding v Cubitt Building

The court's inherent jurisdiction should be exercised by granting a temporary stay of the court proceedings brought by the sub-contractor so that there could be a (second) adjudication of the dispute involving the sub-contractor's valuation claim brought in the court proceedings

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Thu, 31st May 2007

AC Yule & Son v Speedwell Roofing

Notwithstanding that the adjudicator's decision had to be completed within the period required by under paragraph 19 of the Scheme for Construction Contracts, the adjudicator's decision, which was issued one day out of time, was nevertheless valid in the light of the defendant's conduct

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Thu, 31st May 2007

Art Consultancy Ltd v Navera Trading Ltd

The adjudicator's decision in the contractor's favour should be enforced by the court on the basis of rejecting the employer's objections to the enforcement of the decision that the contract was not in writing

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