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Fri, 27th July 2001

David McLean Housing Contractors Ltd v Swansea Housing Association Ltd

The contractor was not entitled to summary judgment in respect of the liquidated damages deducted by the employer from the sum certified by it in consequence of the adjudicator?s decision

Tue, 24th July 2001

Gibson Lea Retail Interiors Ltd -v- Makro Self-Service Wholesalers Ltd

The contracts for the shoplifting works were not "construction contracts" within the meaning of the 1996 Act on the basis that none of the items supplied and installed were fixtures with the result that the works did not constitute "construction operations"

Wed, 18th July 2001

Green v GW Integrated BUilding Services Ltd

The work carried out under the contract for the supply and fitting of flooring cover in the form of vinyl and carpets in a hospital which was being refurbished was the ?installation in any building ? of fittings forming part of land within the meaning of section 105(1)(c) and therefore constituted ?construction operations? within the meaning of that section

Tue, 17th July 2001

City Inn Ltd V Shepherd Construction Ltd (Part I)

The adjudicator's decision that the contractor was entitled to an extension of time over and above the extension granted by the architect had no effect on the contractor's burden of proof to establish such an entitlement in the present court proceedings

Thu, 5th July 2001

Petition of British Waterways Board

Under Scottish court procedure the employer?s petition for judicial review based on its contention that there was no ?dispute? which could properly be referred to adjudication failed because whilst it was arguable that there was no dispute, the balance of convenience favoured the adjudication going ahead

Wed, 27th June 2001

S L Timber Systems Limited V Carillion Construction Limited

The adjudicator was wrong to decide that the contractor's failure to serve valid or timeous notices under sections 110(2) and 111 of the Construction Act meant that he was not required to determine whether the sums claimed were due under the sub-contract

Tue, 26th June 2001

William Naylor t/a Powerfloated Concrete Floors -v- Greenacres Curling Limited

The disputes in the two adjudications were substantially the same with the result that the adjudicator in the second adjudication should resign pursuant to paragraph 9(2) of the Scheme for Construction Contracts

Tue, 26th June 2001

Bickerton Construction Ltd v Temple Windows Ltd

The adjudicator did not have the jurisdiction to take the contractor's valuation of the sub-contract works as the starting point for his calculations

Fri, 22nd June 2001

Mecright Ltd v TA Morris Developments Ltd

The decision should not be enforced on the basis of the adjudicator not having jurisdiction by reason of the sub-contractor payment entitlement for its work and the contractor's wrongful determination of the sub-contract not being covered by the contractor's notice of adjudication

Thu, 21st June 2001

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

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 "the strict contractual code"

Wed, 20th June 2001

C & B Scene Concept Design Ltd V Isobars Ltd (Part I)

The adjudicator answered the wrong question when deciding that the contractual payment provisions had not been complied with when the provisions of the Scheme for Construction Contracts instead applied

Fri, 15th June 2001

Barr Limited -v- Law Mining Limited

Matters referred constituted one ?dispute? for the purposes of paragraph 8(2) of the Scheme for Construction Contracts on the basis that those matters formed a single dispute as to sums due under the contractor

Fri, 15th June 2001

Sindall Ltd v Solland

The adjudicator acted within his jurisdiction in awarding the contractor a further extension of time where the contractor?s notice of adjudication had (only) asked for a resolution of the issue as to the determination of the contractor?s employment or for a declaration that time was at large

Wed, 13th June 2001

Mitsui Babcock Energy Services Limited

The assembling on site of equipment and piping and their installation into two boilers on a site within a petrochemical complex were exempt operations under section 105(2)(c)(ii) of the Construction Act 1996

Thu, 31st May 2001

Fence Gate Ltd -v- James R Knowles Ltd

The adjudicator did not have jurisdiction under section 104(2) of the Housing Grants, Construction and Regeneration Act 1996 to decide the validity of the consultant?s invoices for work to do with the client's arbitration proceedings against the contractor

Fri, 25th May 2001

Faithful & Gould Limited -v- Arcal Limited and Ors.

The adjudicator?s employer?s application to enforce the adjudicator's decision for the defendants to pay his fees should not be struck out on the ground that the adjudication rules required an adjudicator to be a natural person acting in his personal capacity

Tue, 15th May 2001

Re A Company (number 1299 of 2001)

The sub-contractor could present a winding up petition despite a bona fide dispute as to the debt under its statutory demand by reason of the contractor failing to serve a notice of intention to withhold payment under section 111 of the Construction Act

Wed, 9th May 2001

RJT Consulting Engineers Limited V DM Engineering (Northern Ireland) Ltd (Part I)

The consultancy agreement was in writing for the purposes of section 107 of the Construction Act 1996

Fri, 20th April 2001

Farebrother Building Services Ltd -v- Frogmore Investments Ltd

The court should enforce the adjudicator's decision made under the TeCSA adjudication rules by way of summary judgment and should not deduct from the sum awarded by the adjudicator the amount of the defendant?s counterclaim by way of set-off

Wed, 11th April 2001

Austin Hall Building Ltd -v- Buckland Securities Ltd

Adjudication does not infringe the Human Rights Act 1998 or the European Convention on Human Rights and the rules of natural justice apply to adjudications

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