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Specialist Ceiling Services Northern Ltd v ZVI Construction (UK) Ltd

The adjudication was not unfair by reason of the adjudicator having refused to withdraw after having been informed in the notice of referral of a without prejudice offer and having been sent a copy of the contractor's solicitors' letter enclosing that offer

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.

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"

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

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.

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

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.

Brochures

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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.

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

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

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.

Quantity Surveying - Case Study 18

Retail - Aldi Stores Ltd

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

TVP is Construction Firm of the Year

Bolton-based construction adviser, The Vinden Partnership (TVP), has been named Construction Firm of the Year in the Lancashire Business View Red Rose Awards, established to recognise successful and innovative companies from the region.

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

HS Works Ltd V Enterprise Managed Services Ltd

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

Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd

The award of a specified sum to the sub-sub-contractor by the adjudicator in the second adjudication should be enforced notwithstanding that the adjudicator in the third adjudication awarded to the sub-contractor a greater sum to be paid by the sub-sub-contractor

Fence Gate Ltd -v- James R Knowles Ltd

The adjudicator did not have jurisdiction under section 104(2) of the Housing Grants, Construction and Regeneration Act 1996 to decide the validity of the consultant?s invoices for work to do with the client's arbitration proceedings against the contractor

Enterprise Managed Services Ltd V Tony Mcfadden Utilities Ltd

If the adjudicator had taken more of a grip on the adjudication process (as he should have done), it was likely that he would have concluded that the adjudication could not be properly or fairly progressed and that the right course of action was for him to resign

Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction

Propositions derived from caselaw as to what an adjudicator was required to give in terms of reasons if he was obliged to give a reasoned decision and the consequences of his failing to do so

Discain Project Services Ltd V Opecprime Developments Ltd (Part I)

The adjudicator was in breach of the rules of natural justice by reason of having had undisclosed communications with a representative of the contractor

CRJ Services Ltd V Lanstar Ltd

There was no reasonable prospect on the evidence before the court of the hirer being able to establish that the hirer's manager did not have appropriate authority to enter into the long term hire contract in question

Anglian Water Services v Laing O'rourke Utilities Ltd

Clause 93.1 of the core clauses of the second edition of the NEC form of engineering contract was not incompatible with the Scheme for Construction Contracts, did not constitute one of the contractual adjudication provisions and should not be replaced by the adjudication provisions of the Scheme in consequence of the contractual adjudication provisions not complying with the requirements of the Construction Act

PT Building Services Ltd V Rok Build Ltd

The contractor's statements to the adjudicator in the second adjudication that the decision in the first adjudication was valid and precluded him from proceeding meant that it could not seek to challenge the validity of the decision

GPS Marine Contractors Ltd V Ringway Infrastructure Services Ltd

Comments as to the circumstances in which a responding party’s general reservation as to an adjudicator’s jurisdiction will be effective

Mast Electrical Services v Kendall Cross Holdings Ltd

The sub-contractor was not entitled to declarations that the disputes it wished to adjudicate in respect of the three projects in question arose out of contracts in writing within the meaning of section 107 of the Construction Act 1996

Epping Electrical Company Ltd v Briggs and Forrester (Plumbing Services) Ltd

The adjudicator's decision should not be enforced on the ground that whilst he reached his decision (by having finalised it) before the expiry of the extended period for him to do so, the defendant's agreement to the extension was conditional on him issuing it to the parties

Carillion Utility Services Ltd V SP Power Systems Ltd

The adjudicator did not act in breech of the rules of natural justice in applying his own reasoning to assess the quantum of the contractor's claim but did act in breech in not giving notice of the commercial rates he applied which he derived from his own experience