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Wed, 8th July 2009
Aceramais Holdings Ltd v Hadleigh Partnerships Ltd
Even if the employer had established that there was no contract in writing for the purposes of the Construction Act, the court would nevertheless have been reluctant to exercise its discretion in favour of making the declaration sought by the employer that there was no such contract
category: Adjudication
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Fri, 26th June 2009
New Website In Development
Lantec in Bolton are currently developing our new look website in conjunction with marketing group MC2, Manchester
category: Latest News
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Thu, 25th June 2009
Common Sense Advice for House Builders
The Department for Communities and Local Government (DCLG) has set ambitious targets for the provision of three million new homes by 2020. Sixty percent of these homes are targeted to be built on brownfield land and by 2016 all new homes in England and Wales are to be ‘Zero Carbon’.
category: Press
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Thu, 25th June 2009
William Hare Ltd v Shepherd Construction Ltd
The true construction of the “pay when paid” clause in the sub-contract was that it only bit if the employer were the subject of a court made administration order under Part II of the Insolvency Act 1986 as amended, which it was not
category: Adjudication
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Thu, 18th June 2009
North Midland Construction Plc V Ae & E Lentjes Uk Ltd
The enabling and civil engineering works to be carried out under the sub-contracts at the power stations were construction operations within section 105(1) of the Construction Act and were not excluded as being the assembly or installation of plant or machinery under s105(2)(c)(i)
category: Adjudication
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Tue, 16th June 2009
Primus Build Limited v Pompey Centre Limited
The adjudicator’s decision should not be enforced on the grounds that the adjudicator acted without jurisdiction and in breach of the rules of natural justice by calculating the construction manager’s loss of profits based on an approach which neither party had raised before him
category: Adjudication
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Thu, 7th May 2009
Bovis Lend Lease Ltd v Cofely Engineering Services
As a matter of construction of the sub-contract, the parties agreed that the RICS would be the adjudicator nominating body
category: Adjudication
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Tue, 5th May 2009
Letchworth Roofing Company v Sterling Building Company
It was not the case that the adjudicator acted in breach of the rules of natural justice by not properly deciding the dispute before him
category: Adjudication
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Tue, 5th May 2009
Multitasking key to beating recession
Quantity surveyors (QS) are facing an increasing need to multitask to beat the recession and keep building their business, according to experts at the Vinden Partnership.
category: Latest News, Press
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Wed, 8th April 2009
HS Works Ltd V Enterprise Managed Services Ltd
The decisions of the adjudicators in the two adjudications should both be enforced
category: Adjudication
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Wed, 8th April 2009
Insurance Lifeline For Construction Projects
Construction project manager and surveyor, The Vinden Partnership (TVP), has launched a unique Latent Defects Insurance package for completed and partially completed projects where warranties and guarantees are no longer available.
category: Latest News
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Tue, 7th April 2009
Adjudicators, Jurisdiction and Fees
I recently issued my 100th Adjudicator’s Decision. Whilst this may have been a personal landmark, there were no cakes, no candles or any other celebrations for that matter. Just a little bit of quiet reflection and an intake of breath before diving into the next case in line.
category: Press
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Mon, 6th April 2009
Insolvency in Construction, CVAs and Adjudication
My firm, The Vinden Partnership (“TVP”) spends a lot of its time advising Directors, Banks and Insolvency Practitioners on the best way to restructure and/or recover businesses involved in the construction supply chain. We have been doing this since TVP’s inception in 1994. It is true to say that over the last 15 years I can remember the Company Voluntary Arrangements (CVAs) I have been involved in on less than the fingers of one hand! However, for reasons that I am hopefully about to explain, things may be about to change.
category: Press
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Mon, 6th April 2009
Latent Defects, Trumpets and Insurance
I have heard it said on many occasions that it is never a good thing to “blow one’s own trumpet” but on this occasion, however, I just can’t resist. The reason for lifting my head above the parapets is to announce that those clever boys and girls in our insurance department have just come up with a rather useful new form of insurance policy which could soon be in great demand.
category: Press
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Fri, 27th March 2009
London Borough Of Camden V Makers Uk Ltd
The default judgment obtained by the local authority in default of the contractor having filed its defence with the court by the specified date should be set aside without any conditions being imposed by the court
category: Adjudication
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Mon, 23rd March 2009
More Jaw, Less War
With reports that the Dubai Government is about to pass a law that will require all construction disputes to go through a mediation centre before they can be litigated in the courts, Managing Director of The Vinden Partnership, Peter Vinden, calls for similar action to be taken in the UK.
category: Latest News
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Fri, 13th March 2009
Compulsory mediation?
Anybody reading this article who has been involved in a construction dispute will know that it can be an expensive business. Lawyers do not wear nice suits because they are cheap to hire!
category: Press
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Thu, 12th March 2009
Shaw v Massey Foundation & Pilings Ltd
The homeowners were not the residential occupiers of the building in their property on which the work was carried out within the meaning of section 106 of the Construction Act
category: Adjudication
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Tue, 24th February 2009
Linnett v Halliwells Llp
Whether or not the adjudicator had jurisdiction to make his decision on the merits, the responding party was liable to pay the adjudicator his reasonable fees and expenses and was jointly and severally liable with the referring party to the adjudicator for those fees and expenses
category: Adjudication
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Wed, 4th February 2009
Mead General Building Ltd V Dartmoor Properties Ltd
The summary judgment entered against the employer for the enforcement of the adjudicator's decision in the contractor's favour should not be stayed pursuant to RSC Order 47, rule 1
category: Adjudication
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