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Valuation

Market-based valuations are critical to the success of every real estate investment and add considerable value to real estate strategy and understanding.

Maxi Construction Management Ltd -v- Mortons Rolls Ltd

The contractor?s ?interim valuation? document did not constitute an interim payment application under the contract and was instead a request for agreement of the valuation under the contract as a preliminary to the subsequent making of a payment application

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

Bothma v Mayhaven Healthcare Ltd

The contractor should not have permission to appeal against the refusal of the judge at first instance to enforce the adjudicator's decision in its favour on the ground that it had referred four separate disputes to adjudication without having obtained the employer's consent

Corporate Recovery

Tel: 01204 362888 for immediate advice on the steps to take to rescue a business.

DGT Steel & Cladding v Cubitt Building

The court's inherent jurisdiction should be exercised by granting a temporary stay of the court proceedings brought by the sub-contractor so that there could be a (second) adjudication of the dispute involving the sub-contractor's valuation claim brought in the court proceedings

Adjudication and Multiple Disputes

The Scheme for Construction Contracts (England and Wales) Regulations 1998 makes clear that an Adjudicator can only deal with one dispute at any one time. Of course, it is open to the parties to agree differently but it is a rare occurrence when parties actually co-operate with each other, let alone the Adjudicator, in an adjudication.

Commercial Property Services

Tel: 01204 362888 for commercial property agency services. We can help you to find the site or buildings which meet your requirements.

Bouygues -v- Dahl-Jensen (CA)

The adjudicator?s decision should be enforced despite it being common ground that the adjudicator had made a mistake in arriving at the amount awarded

Bouygues v Dahl-Jenson

The adjudicator?s decision should be enforced despite it being common ground that the adjudicator had made a mistake in arriving at the amount awarded

Branlow Ltd v Dem-Master Demolition Ltd

The exchange of two letters between the contractor and the sub-contractor constituted a contract in writing for the purpose of section 107(2)(b) of the Construction Act notwithstanding that the nature and scope of the sub-contract works were not referred to in the letters

Workspace Management Ltd v YJL London Ltd

The contractor was entitled to set off the overpayment which the adjudicator found that it had made to the employer from the sum which the contractor was ordered to pay by the arbitrator as an interim payment in respect of the costs for which it was liable to the employer in the arbitration

Commercial Leases

Whether you are a landlord or a tenant, expert advice on leases and rent reviews is essential to your business. The Vinden Partnership will help you reduce running costs, maximise the income from your assets and budget for future costs and liabilities.

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"

Brochures

Company brochures

Invalid Suspension, Own Goals and other Disasters

Unless you have just spent the best part of 10 years living in outer Mongolia you will be aware that The Housing Grants Construction and Regeneration Act (1996) (“The Act”) changed the commercial life of Contractors and Sub-Contractors working in the UK forever when it was introduced here on 1 May 1998.

Shepherd Construction -v- Mecright Ltd

The adjudicator had no jurisdiction to investigate the dispute as to the value of the sub-contract works on the basis that the parties had entered into an agreement in that connection before the adjudication

Isovel Contracts Ltd (in Administration) V ABB Technologies Ltd

There should be summary judgement against the sub-contractor in respect of the dishonoured cheque for the certified value of the sub-sub-contractor?s works notwithstanding its defence of a total or partial failure of consideration or of the certified sum not having become due

O'Donnell Developments Ltd V Buildability Ltd

The adjudicator's application of the slip rule to correct the accidental error in his decision was made within his jurisdiction and the court could not and should interfere with it and even if the court could interfere, the error was an "inadvertent slip" and should not be interfered with

Joseph Finney plc -v- Gordon Vickers and Gary Vickers t/a Mill Hotel (A Firm)

A compromise agreement was entered into whereby the employer agreed to pay the sum invoiced by the contractor by a specified date despite the fact that the employer had previously purported to serve a notice of withholding for a similar sum to that invoiced

HS Works Ltd V Enterprise Managed Services Ltd

The decisions of the adjudicators in the two adjudications should both be enforced

Whiteways Contractors (Sussex) Limited -v- Impresa Castelli Construction UK Limited

The sub-contractor was entitled to summary judgement to enforce the adjudicator?s decision in its favour notwithstanding the contractor?s proposed abatement in respect of overpayments on earlier interim payments

SG South Ltd v King’s Head Cirencester LLP

Considerations as to whether and in what circumstances fraud or deceit was or might be a defence in adjudication proceedings and in court proceedings for the enforcement of adjudicators’ decisions

Glencot Development and Design Co Ltd -v- Ben Barrett & Son (Contractors) Ltd

The test to be applied to all cases concerning ?apparent? bias of adjudicators was whether the circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility of danger that the tribunal was biased

Watkin Jones & Son Ltd V Lidl UK GMBH (Part II)

The adjudicator had no jurisdiction for the referred dispute of the contractor's entitlement under its interim payment application where it was decided in a prior adjudication that it should be paid the full amount of that application in the absence of a notice under clause 30.3.3 or .4 of JCT 98

Asset Management

The art of management is to anticipate problems and respond appropriately when they arise. Our experience and expertise allows us to provide solutions based on our thorough knowledge of Estate Management requirements for landlord and tenant.

Insurance Services

Tel: 01204 362888 for advice and assistance in obtaining all construction insurances and commercial and residential building warranties.

Allen Wilson Shopfitters v Buckingham

The homeowner's dismissal of the contract administrator did not mean that the payment machinery of JCT 98 could not longer be operated and that the payment machinery of the Scheme for Construction Contracts therefore applied in its place

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

Presentation and Settlement

A professionally presented case will in many cases avoid protracted and expensive legal proceedings.