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Air Design (Kent) Ltd V Deerglen (Jersey) Ltd

There was one ?main? sub-contract which was in effect varied by the parties with the introduction of additional works with the results that the adjudicator was entitled to rule on his jurisdiction and had the jurisdiction to decide all the disputes referred

Pay when Paid and Insolvent Employers

"Pay when paid" clauses are supposed to be a concept of a bygone era. Main Contractors would seek to justify their inclusion in a sub-contract by arguing that it should not be the guarantor of payments that are due to pass from an Employer through to the Main Contractor before onward payment to its Sub-Contractors.

Maymac Environmental Services Ltd -v- Faraday Building Services Ltd

Even if the finding that the contractor?s contention that there was no concluded sub-contract should be rejected was wrong, the sub-contractor was still entitled to summary judgment to enforce the adjudicator?s decision in its favour

A V B

The decision awarding the sub-contractor a specified sum should be enforced on the basis that neither the sub-contract terms nor the ORSA Adjudication Rules prohibited enforcement proceedings until either the actual completion date of the last phase of the main contract or the termination of the sub-contract

Conor Engineering Ltd v Les Constructions Industrielles

The sub-contracts for the installation of boilers and associated pipework where the main contract was the construction of a plant for the incineration of waste and the generation of electricity were not "construction operations" within the meaning of section 105(2)(c)(i)

Nordot Engineering Services Limited -v- Siemens plc

The parties conferred ad hoc jurisdiction on the adjudicator to make a binding determination whether the sub-contract work was excluded from being a "construction operation" by section 105(2)(c) of the 1996 Act

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

Pro-Design Ltd v New Millennium Experience Company Ltd

The adjudicator?s decision awarding the sub-contractor a sum in respect of the value of its works should not be enforced by way of summary judgement on the basis of the contractor?s unanswered allegations that the money awarded was brought about by an unlawful and fraudulent conspiracy

Design Brief Review

Design brief review to ensure compliance with the main EcoHomes requirements. Call 0845 504 9733. The Vinden Partnership Bolton, Manchester, Nottingham, London

Coventry Scaffolding Company (London) Ltd V Lancsville Construction Ltd

Akenhead J's guidance to practitioners seeking to enforce adjudicators' decisions where the defendant did not participate in court enforcement proceedings actively or at all

A & D Maintenance and Construction Limited -v- Pagehurst Construction Services Limited

Neither the sub-contract?s termination nor the contractor?s complaints about the work affected the enforceability of the decision

Our Commitment to You

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

ABB Zantingh Ltd -v- Zedal Building Services Ltd

The supply and installation of field wiring for the diesel powered electricity standby generators was not an exception to what constituted "construction operations" under section 105(2)(c) of the Housing Grants, Construction and Regeneration Act 1996

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

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)

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

John Mowlem & Co plc V Hydra-Tight Ltd

The contractor was not obliged under paragraph 8.1(e) of the ICE Adjudication Procedure to keep a current list of all the individual members of the set of barristers' chambers on the basis that this set constituted its "approved list" of adjudicators

Karl Construction (Scotland) Ltd V Sweeney Civil Engineering (Scotland) Ltd (Part I)

The adjudicator's decision was not void for lack of jurisdiction by reason of being based it on an issue not referred, ie that the Scheme for Construction Contracts applied

Jim Ennis Construction Ltd V Combined Stabilisation Ltd

The sub-sub-contractor remained bound by the final account agreement despite the sub-contractor having wrongly withheld the sum of the sum of £7,362 from the payment of £142,901 towards the agreed final account sum of £707,500 in breach of that agreement

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.

Business Development

Are you in the construction sector? Need corporate Business Development services? Call The Vinden Partnership on 0845 504 9733 - Chartered Building Surveyors, London, Manchester, Nottingham, Bolton

Housing Quality Indicators (HQIs)

Housing Quality Indicators (HQIs) look to assess housing schemes in terms of quality rather than in terms of financial value or simply achieving minimum standards.

Latent Defect Insurance & Structural Warranties

Latent Defect Insurance & Structural Warranties. Tel: 0845 504 9733 for assistance in obtaining construction and building insurances.

Funerals, Liquidators and Adjudication

We are told by experts that the first green shoots of economic recovery have started to appear. It is a well-known fact that more companies go bust coming out of a recession than during the depths of a recession. Overtrading and lack of bank funding will inevitably cause companies to fail. Contractors and Specialist Sub-Contractors are no exception.

Sustainability Services FAQ's

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

Whose dispute is it anyway?

I talk a lot with my fellow mediators. We share experiences, good and bad. Give each other tips, de-brief one another and generally trade war stories. So I know that it is not uncommon for mediators to have to deal with an aggressive party or representative.

Vindemnity

Vindemnity. Tel: 0845 504 9733 for advice and assistance in obtaining all construction insurances and commercial and residential building warranties.

Unclaimed Capital Allowances - Time is running out!

If you are a building owner who hasn't made a capital allowances claim, you could be missing out on a substantial opportunity ...