|
|
|
|
| Letter or intent : personality. Terms of agreement and identification of parties to the contract. CA. 13th October 2006. |
| by Gage LJ; Mr Justice Bodey. |
|
|
|
| Design Liability : Claim for payment - counterclaim for defects - cost of demolition and rebuild : Contractor\\\'s defence - all problems due to architects design : Whether architect should be a co-defendant : Held : No : Defence denied liability : Trial to proceed. If contractor successful - it would then be for the employer to proceed independently against the architect. 1st May 2006 |
| by Sheriff Principal Edward F Bowen QC. Crown Copyright |
|
|
|
| Summary judgment : Non-payment on interim certificates : No withholding notices : Set off - LADS - no valid notice of termination. Validity of notice of termination by contractor : Fax recieved - even if not read or acted upon - valid notice. Salford District Registry TCC. 26th April 2006 |
| by HHJ Gilliland QC. Crown Copyright |
|
|
|
| Letters of Intent : Work carried out under a succession of letters of intent – each containing contracts – which succeeded and displaced the prior contract. In consequence at no time was there no contract in place – so valuation on the basis of quantum meruit not applicable. Contract terms clear and usable. 29th March 2006. |
| by Judge Humphrey Lloyd QC : Crown Copyright |
|
|
|
| Privacy : It took the court 10 days to produce a judgement post trial. Just prior to sending out the judgement the court informed that the action had been compromised. Applicant sought to prevent the judgment being published. Held : Whilst in certain circumstances the CA or above might nonetheless publish, a court of first instance would not if the action compromised before judgment delivered. TCC. 15th March 2006 |
| by His Honour Judge Peter Coulson QC: Crown Copyright |
|
|
|
| Expert Reports : A range of reports commissioned. One favoured the applicant the others did not. The applicant compromised the claims directly related to the unfavourable reports then sought to have them rendered inadmissible for the remainer of the action. Held : Reports continued to be admissible. TCC. 25th January 2006 |
| by His Honour Judge Peter Coulson QC: Crown Copyright |
|
|
|
| Service of Claim Form (Practice & Procedure : Construction Law) re claims arising out of a contract for the provision of construction contract procurement : Procedures for service of claim form set out in CPR to be strictly adherred to : Impact of limitation time bar on failure to make an effective service. CA. 25th January 2006. |
| by Waller LJ; Dyson LJ; Neuberger LJ. Crown Copyright |
|
|
|
| Time Bar : Contractual 5 year time bar regarding first defender but not regarding the 4th & 5th defendants in a construction contract. Court examines exercise of discretion to override the time bar - where alternative defendants involved and where damage & loss not easily established at an earlier date. Scottish procedure. Outer House Court of Session. 31st March 2006. |
| by Lord Wheatley : Crown Copyright. |
|
|
|
| Challenge to Final Certificate - Management contract - third party rights. Outer House Court of Session. 21st December 2006 |
| by Lord Drummond Young. Crown Copyright |
|
|
|
| Conflict of Interests : Bias : (Practice & Procedure - Construction Law) : The trial judge admitted that he would have difficulty ruling on the character of a potential witness : CA held that the option of calling alternative witnesses to save the judge embarassment was prejudicial to the defendants. Accordingly the judge should recuse himself. CA. 20th January 2006. |
| by Mummery LJ, Latham LJ, Carnwath LJ. Crown Copyright |
|
|
|
| Withholding notice : effect : (Contract administration) : Plant Hire / drilling rig : The issue of a withholding notice under the terms of the contract resulted in a dispute crystallising : consequently, in the absence of resolution of the dispute no sums became due - so no action for summary enforcement of sums allegedly due under an interim payment scheme could lie. 7th February 2006 |
| by Sheriff Principal Sir Stephen S T Young Bt QC. Crown Copyright |
|
|
|
| Project Management : Quantity surveyors found liable of ?1.4M of a ?2M overspend on retail development project. Provides a factual analysis of design, procurement and management responsibilities. TCC. 10th January 2006 |
| by His Honour Judge Thornton QC: Crown Copyright |
|
|
|
| Costs Thrown Away : Peeved at losing an adjudication in respect of unpaid fees for a construction project the claimants sought to recover by commencing an action for professional negligence. Claimant commenced litigation several times. Interim costs hearing. Detailed analysis of the procedure to be applied when considering assessment of costs thrown away. TCC. 9th February 2006. |
| by His Honour Judge Peter Coulson QC : Crown Copyright |
|
|
|
| Summary Judgment. Application for summary judgment for over payment rejected : defendant had an arguable defence. TCC. 28th July 2006. |
| by Mr Justice Jackson : Crown Copyright |
|
|
|
| Bias : Due Process : Can an employer appoint itself as Construction Manager / Contract Administrator / certifier ? Held : No - whilst an employee can be given that role - the employer himself cannot fulfil that role - there must be a degree of independence/professional separation. Semble - a party to a dispute or difference could not be an adjudicator/arbitrator in his own cause. TCC. 16th January 2006. |
| by His Honour Mr Justice Jackson : Crown Copyright |
|
|
|
Subject to contract. Partial appeal : whether the temporary agreement identified by Mr Justice Ramsey included most of the terms of the June FMA, referred to as the \"contract\" in paragraph 2 therein, or whether it only incorporated very few of them. CA. 22nd November 2006
|
| by Neuberger LJ; Richards LJ; Leveson LJ. |
|
|
|
| Subject to contract. Preliminary issue : how much if any at al of the terms of a letter headed subject to contract constituted a binding contract. TCC. 28th April 2006. |
| by Mr Justice Ramsey : Crown Copyright |
|
|
|
| Insurance : Flood damage : Liability of contractor for & duty to insure against flood damage to stock etc post practical completion : Held : Whilst contractor liable for defects for 12 months - general insurance the responsibility of employer under JCT contract. 27th June 2006 |
| by Sedley LJ; Dyson LJ; Carnwath LJ. Crown Copyright |
 |
Our publications are provided in PDF format, in order to view them you will need Adobe's free Acrobat reader. Acrobat reader can be downloaded from Adobe by following the link to your left. |
|
|
