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Tue, 17th December 2002

Ballast plc V The Burrell Company (Construction Management) Limited - Part II

Adjudicator guilty of an error of law by having refused to decide the dispute referred to him on the grounds of the contract's lack of clarity and of the parties' failure to follow what the adjudicator termed 2the strict contractual code"

Thu, 12th December 2002

Picardi v Cuniberti

The architect should have brought the mandatory adjudication clause in the RIBA conditions of engagement to the homeowners' attention where the contract was one in respect of a private dwelling

Fri, 6th December 2002

Baldwins Industrial Services plc V Barr Limited

The contract for the hire of a crane together with a driver was a "construction contract" on the basis that it was for the supply of plant and labour for use in construction operations on a building site

Sun, 1st December 2002

Mohammed v Bowles

The adjudicator's decision in favour of the builder was a debt sufficient to form the basis of a statutory demand and his statutory demand should not be set aside on the basis that the debt was not disputed on substantial grounds and that there was no other ground to set aside

Sun, 1st December 2002

Quantity Surveying - Case Study 4

Leisure & Arts - Sport Erewash

Sun, 1st December 2002

Quantity Surveying - Case Study 3

Leisure & Arts - Royal Bath Hotel

Sun, 1st December 2002

Quantity Surveying - Case Study 2

Leisure & Arts - The Dormy Hotel

Thu, 28th November 2002

Skanska Construction UK Limited V The ERDC Group Limited & anr

The contractor should not be granted an interim order preventing the adjudicator in the second adjudication from proceeding with it and suspending it notwithstanding that the subject matter of the both adjudications begun by the sub-contractor was its claim against the contractor for direct loss and expense

Wed, 27th November 2002

Carillion Construction Ltd v Devonport Royal Dockyard Ltd (Part I)

The decision based on the alleged oral agreement varying the basis of payment under the sub-contract did not meet the requirements of section 107 of the Construction Act

Fri, 15th November 2002

Cowlin Construction Limited V CFW Architects

A dispute arose from the contractor's claim that the architect was responsible for various delays to the project which could properly be referred to adjudication

Sat, 2nd November 2002

Bovis Lend Lease Limited V Triangle Development Limited

The decision should not be enforced where the contract provided that in the event of the contract's determination, the contractual provisions requiring further payment were not to apply

Mon, 28th October 2002

Guardi Shoes Ltd v Datum Contracts

The employer should not be granted an order restraining the advertisement of the winding-up petition presented by the contractor in respect of the admittedly unpaid debt owed by the employer arising from its non-payment of the sum awarded by the adjudicator

Mon, 14th October 2002

Debeck Ductwork Installation Ltd V T & E Engineering Ltd

The oral agreement did not constitute a "construction contract" by reason of it not having been evidenced in writing in accordance with section 107(2) in the form of a fax from the claimant

Fri, 23rd August 2002

The Construction Centre Group Limited V The Highland Council (Part I)

Decision should be enforced by summary decree (judgment) notwithstanding any subsequent arbitration and its amount should not be reduced by setting off the employer's counterclaim where it failed to raise the counterclaim before the adjudicator

Tue, 20th August 2002

Hart Builders (Edinburgh) Ltd v St Andrew Ltd (Part I)

The developer that failed to serve a notice of intention to withhold payment pursuant to section 111 of the Construction should not be allowed to raise issues of defective workmanship and its alleged entitlement to liquidated damages in the contractor's action against it for an interim payment

Thu, 15th August 2002

Hitec Power Protection BV v MCI Worldcom Ltd

There was no dispute where the time under the contract for the payment of an outstanding invoice had not elapsed when the contractor began the adjudication

Fri, 2nd August 2002

Petition of Edinburgh Royal Joint Venture

The petitioner, which was the defendant in an adjudication in which an unfavourable decision had been made against it, should have dismissed its petition issued in response to the respondent's issuing of (separate) court proceedings to enforce the decision

Wed, 31st July 2002

Pring & St Hill Ltd V Hafner

The adjudicator's refusal to resign despite the objection expressed by the sub-sub-contractor meant that the adjudicator proceeded without jurisdiction by reason of the application of paragraph 8(2) of the Scheme for Construction Contracts

Wed, 3rd July 2002

J T Mackley & Company Limited V Gosport Marina Limited

The adjudicator's errors of having based his decision on the wrong conditions of sub-contract went to the root of his jurisdiction and meant that his decision was a nullity

Thu, 27th June 2002

Gillies Ramsay Diamond V PJW Enterprises Limited

The contract of engagement between the employer and the contract administrator surveyors, was a "construction contract" within the meaning of section 104(1)(b) of the Construction Act 1996

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