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Fri, 17th October 2008
Kier Regional Ltd V City And General (Holborn) Ltd (Part II)
Assuming that there had been a debt due and owing from the third parties to the developer (as judgment debtor), the court’s discretion should not be exercised by making final the interim third party debt orders obtained by the contractor (as judgment creditor)
category: Adjudication
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Tue, 30th September 2008
Cowgill Holloway advises on TVP merger
Cowgill Holloway’s corporate finance department has advised on the merger of The Vinden Partnership Ltd and Watson Laurie Group, a group of companies controlled by Andrew Crompton.
category: Latest News, Press
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Thu, 25th September 2008
Birmingham City Council V Paddison Construction Ltd
The dispute referred to the adjudicator in the second adjudication was the same or substantially the same as the dispute referred to the adjudicator in the first adjudication
category: Adjudication
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Wed, 24th September 2008
Claiming Interest under the Scheme
If you have ever found yourself in an adjudication the chances are that either you or your opposing party will have asked the Adjudicator to decide that interest is paid on overdue payments.
category: Press
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Wed, 24th September 2008
Scheme Interest and the Late Payment of Commercial Debts
My last article dealt with the subject of an Adjudicator’s power to award interest under the Scheme for Construction Contracts (England and Wales) Regulations 1998 (“the Scheme”). The article concluded by saying that where a contract has no provisions relating to the payment of interest, an Adjudicator has no “freestanding power” to award interest.
category: Press
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Tue, 23rd September 2008
Getting Wound Up!
As I write this month’s article I am feeling pretty annoyed by one of our clients. I won’t bore you with the details. Suffice to say that we have conducted several adjudications for this particular client over the last year with considerable success.
category: Press
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Wed, 17th September 2008
Benfield Construction Ltd v Trudson (Hatton) Ltd
The adjudicator in the third adjudication did not have the jurisdiction to embark upon and to decide the issues in the that adjudication
category: Adjudication
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Tue, 16th September 2008
Vitpol Building Service V Samen
The court had the jurisdiction to determine the parties' dispute as to whether there was a contract and terms of the contract contended for by the contractor despite no adjudication having been begun and directions should be made to enable that determination to be made
category: Adjudication
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Tue, 19th August 2008
CSC Braehead Leisure Ltd V Laing O'Rourke Scotland Ltd
Whilst an adjudicator could in principle issue an interim decision, if he did not issue a final decision with the required time, it was invalid but the decision in the instant case was not an interim one
category: Adjudication
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Fri, 15th August 2008
CJP Builders Ltd v William Verry Ltd
The adjudicator was wrong, as a matter of construction of DOM/2, to determine that he had no jurisdiction to extend the responding party's time for service of its response (beyond seven days) and was in material breach of the rules of natural justice in having made that determination
category: Adjudication
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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
category: Adjudication
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Fri, 8th August 2008
Dear Darling.....
This article is normally devoted to matters of a legal nature but this month I feel compelled to depart from the norm in the hope that somebody from our current government may stumble across it and have a word in the ear of our Darling Chancellor.
category: Press
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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
category: Adjudication
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Wed, 25th June 2008
Time for a makeover?
1 May 2008 was the 10 year or tin, if you prefer, anniversary for the starting date for the Housing Grants Construction and Regeneration Act 1996. What a mouthful. I still can’t get my head around the title and prefer to call it the Construction Act along with the thousands of us who work in this wonderful industry.
category: Press
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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
category: Adjudication
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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
category: Adjudication
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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
category: Adjudication
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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
category: Adjudication
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Tue, 15th April 2008
Insolvency - A Growth Industry
As the subprime crisis in America sweeps across the Atlantic causing a significant credit squeeze in the UK, one of the first sectors in the firing line is construction.
Construction across the UK appears to have fallen victim to the economic uncertainty that exists and latest figures show the sector shrinking for the first time in more than six years.
category: Press
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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)
category: Adjudication
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