All Case of the week articles – Page 8
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CommentLorraine Lee vs Chartered Properties: A late adjudicator
In this case the adjudicator’s mistake was to take the weekend to type up his decision, here’s why…
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CommentAedifice vs Mr Ashwin Shah: Does the adjudicator have jurisdiction?
The process of objecting to an adjudicator’s jurisdiction has to be conducting properly, as this case highlights…
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CommentCity Inn vs Shepherd Construction: concurrent delay
This case went all the way to Scotland’s Inner House where the court backed a practical approach to analysing the causes of delay
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CommentGeldof vs Simon Carves: entitlement to set off
In this case the Court of Appeal has simplified the test for granting a party the right to set off a claim
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Comment
Traditional Structures Limited v HW Construction: Rectifying a unilateral mistake
A subcontractor loses out by mistakenly omitting the cost of cladding in a tender. What does the judge decide?
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NewsBSkyB vs HP Enterprise Services UK
This case involved a £700m damages claim for fraudulent misrepresentation, find out who won…
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CommentAnglian Water vs Laing O’Rourke Utilities: serving notices
Following this case parties should make sure notices get to the right people through the right channels
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CommentPilon vs Breyer Group: adjudicator's jurisdiction
The judge in this case came down against the adjudicator and warned parties not to seek to overly restrict his jurisdiction
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CommentWW Gear Construction vs McGhee Group: submitting a claim in time
If you fail to put in a claim for loss and expense within the time period, you lose your right to claim as happened in this case
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CommentShepherd Construction vs Berners: Freezing orders
Can a freezing order be used to assist a claim for payment?
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CommentAldgate vs Unibar: Damage caused by fire
This case concerns the extent to which different types of loss are recoverable
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FeaturesRTS Flexible Systems Ltd vs Molkeroi Alois Müller Gmbh & Co KG (UK Production)
If the parties behave as if a contract exists, then one may legally exist whether or not it has actually been signed
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CommentWilliam Hare vs Shepherd Construction: pay when paid clause
This is a case in which a contractor tried to rely on pay when paid clauses to avoid paying several subcontractors
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NewsSpeymill Contracts vs Eric Baskind: The allegation of fraud in adjudication
Following recent cases in the Technology & Construction Court, the Court of Appeal has now confirmed how parties should proceed when allegations of fraud are raised during the adjudication or enforcement process
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News
Rok Building vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Comment
Brookfield vs Mott MacDonald: Wembley stadium
Mr Justice Coulson’s judgment is a reminder that courts are keen to avoid excessive costs
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News
Crowley Civil Engineers vs Rushmoor council: Claiming a contribution
Out Fenwick Elliott expert describes a dispute over an open space in Hampshire
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CommentYuanda vs Gear Construction: amendments to a contract
Did the insertion of a Tolent clause go against the Construction Act?
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CommentCroft House Care vs Durham council : Disclosure in public procurement
A question of which documents must be disclosed to court in a claim involving aggreived tenders
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Comment
Mentmore Towers vs Packman Lucas: a court injunction
Do the courts have the power to grant injunctions restraining a party from pursuing an adjudication?