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Dispute Management
Tel: 01204 362888 for immediate construction dispute assistance and an objective appraisal of your case.
Bovis Lend Lease Limited V Triangle Development Limited
The decision should not be enforced where the contract provided that in the event of the contract's determination, the contractual provisions requiring further payment were not to apply
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"
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"
Total M&E Services Ltd V ABB Technologies Ltd
The management contractor's application for execution to be stayed on the summary judgment awarded in the trade contractor's favour to enforce the adjudicator's decision on the ground of the trade contractor's financial position should be rejected
Comsite Projects Limited V Andritz AG
The work under the building services sub-contract for the dryer building which formed part of the project of the construction of a new waste water treatment works and sewage sludge recycling centre was a "construction operation"
South West Contractors Ltd v Birakos Enterprises Ltd
The adjudicator was not in breach of the rules of natural justice by allegedly having failed to consider its case that the project manager's loss should have been mitigated on the basis that the court should not minutely examine an award to he had made such a mistake
Earls Terrace Properties Ltd v Waterloo Investments Ltd
The effect of the deed of variation between the developer and the employer entered into after the Construction Act 1996 came into force, which varied the fee related provisions of the services agreement entered into before that date, was not that the Act applied to the services agreement
Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd
The propositions advanced by Jackson J in Amec Civil Engineering v The Secretary of State for the Environment (2004) should be accepted and, in particular, the proposition that whilst the mere making of a claim did not amount to a dispute, a dispute would be held to exist once it could reasonably be inferred that a claim was not admitted
Management Solutions & Professional Consultants Ltd V Bennett (Electrical) Services Ltd
The effect of the oral instructions which varied or increased the scope of the sub-sub-contract works was not to remove the sub-sub-contract from the scope of section 107 of the Construction Act
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
New TVP Brochures Now Available
In addition to our new website, we have completely redesigned our corporate brochures to provide a more user-friendly summary of the services we can provide.
Sharing Pain and Gain – No Win No Fee Adjudication Services
Given the current economic circumstances it is hardly surprising that Vinden’s Dispute and Corporate Recovery teams are expanding rapidly. Peter Vinden, Vinden’s Managing Director, says this is down to a number of factors.
Mediation
Tel: 01204 362888 for a mediation service to help you achieve settlement of your case without invoking formal legal proceedings.
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.
Arbitration
Tel: 01204 362888 for immediate construction arbitration advice and assistance.
Camillin Denny Architects Ltd V Adelaide Jones & Company Ltd
The architect should have summary judgment to enforce the adjudicator’s decision for the payment to it of outstanding fees by the client in the sum specified by the adjudicator
Litigation Support
In extreme situations, when negotiations have failed, it may become necessary for your dispute to be dealt with by litigation.
Brochures
Company brochures
Vindemnity
The Vinden Partnership (TVP), a leading North West property consultancy, has launched Vindemnity a unique insurance product for the construction industry following the appointment of Steve Padley.
LPL Electrical Services Ltd -v- Kershaw Mechanical Services
The sub-contractor?s jurisdictional challenge to the adjudicator's decision ordering payment in respect of two applications that the notice of referral only stated that the sub-contractor had not paid on the second of the two applications should not succeed
TVP Launches Vindemnity insurance product
The Vinden Partnership (TVP), a leading North West property consultancy, has launched Vindemnity a unique insurance product for the construction industry following the appointment of Steve Padley.
Universal Music Operations Limited -v- Flairnote Limited & Others
The building contract was entered into between the employer and the contractor, and not between the project manager and the contractor
Multiplex Constructions UK Ltd v Mott MacDonald Ltd
The contractor was entitled to a declaration that the adjudicator's decision as to the true interpretation of the contractual requirement for the structural engineer to give access to all its "pertinent records relating to the services" was binding and that the structural engineer was to comply with that decision
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
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.
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.
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
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

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