All Case of the week articles – Page 12
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CommentEnterprise Managed Services Limited v East Midland Contracting Limited
The CaseThe Claimant sought to reverse the decision of an adjudicator, by which the adjudicator had decided that the Claimant was obliged to pay the Defendant the sum of £1,131,668.29 as damages for breach of contract. The parties to the Sub-Contract continued to place orders and undertake work under the ...
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Comment
Transparency in awarding contracts
The CaseOn 15 March 2007, the London Borough of Newham (“Newham”) advertised its intention to enter into framework contracts for the procurement, maintenance and management of private sector leased properties. The tender evaluation criteria stated that the contracts would be awarded on the basis of the most economically advantageous tender, ...
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CommentLock-up agreements
The CaseThis was a case involving the Middlesborough Dock, now renamed Middlehaven. Chilli Developments Ltd (“Chilli”) expressed an interest in undertaking a development on the land. There were negotiations with English Partnerships (“English”) and Tees Valley Regeneration Ltd (“Tees”) for a development agreement to enable Chilli to build on part ...
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Comment
Late response in adjudication
The CaseWilliam Verry Ltd (“Verry”) engaged CJP Builders Ltd (“CJP”) under a subcontract to undertake brickwork, blockwork and stonework. The subcontract was based upon an order issued by Verry incorporating DOM/2 terms and conditions and other "Sub-Contract Documents". CJP submitted an interim application for payment. It was not paid and ...
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Appointing an adjudicator
The CaseCamden engaged Makers UK Limited ("Makers") under a 1998 JCT Intermediate Form of Building Contract to carry out refurbishment works at Wittington Estate in Highgate, London. Issues arose between the parties over variations and delays. Camden issued at “Default Notice” alleging that Makers was in default of their contractual ...
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CommentLetter of intent
The CaseThe Defendant wished to have refurbishment and regeneration works carried out to a number of houses and flats on the Clapham Park Estate. The Claimant tendered for these works and a Letter of Intent (“LOI”) was sent to the Claimant in June 2007 recording the Defendant’s intention to enter ...
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CommentNon payment of fees
The CaseThis was an appeal from a County Court judgment dismissing Alan Auld Associates Ltd (“Alan Auld”)’s claim and giving judgment for Rick Pollard Associates (“Rick Pollard”) on its counterclaim.Both Alan Auld and Rick Pollard were chartered engineers. Alan Auld successfully tendered to provide project advice to the United Kingdom ...
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CommentCubitt Building and Interiors Ltd vs Richardson Roofing (Industrial) Ltd
The CaseThe Claimant, as main contractor, engaged the Defendant as a roofing sub-contractor at a building site at Hampton Wick Riverside.The Claimant sought declaratory relief that its terms and conditions were incorporated into the sub-contract between the parties and injunctions that the Defendant should be restrained from continuing with arbitration ...
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CommentBraes of Doune Wind Farm v Alfred McAlpine Business Services
The CaseThis case concerned two applications in relation to the First Award of an arbitrator, concerning an EPC (Engineering, Procurement and Construction) contract dated 4 November 2005 between Braes of Doune Wind Farm (Scotland) Ltd as Employer and Alfred McAlpine Business Services Ltd as Contractor, whereby McAlpine agreed to carry ...
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CommentDispute escalation clauses: Ardentia Ltd vs British Telecommunications Plc
The CaseArdentia and BT entered into a project agreement on 18 February 2004. It related to the provision of information technology to the NHS. A dispute arose between Ardentia and BT in respect of licence fees. Ardentia also believed that BT was intending to engage third parties to develop new ...