Rebecca Saunders
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On demand performance bonds: Simon Carves vs Ensus UK
This case concerned an “on demand” performance bond, and raises issues rarely addressed as to the extent to which a beneficiary may be prevented from seeking payment under a demand bond by the terms of the contract in respect of which the bond is provided.
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Hold it right there
A recent case shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction
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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Joint names insurance: Tyco Fire & Integrated Solutions vs Rolls Royce Motor Cars
Rolls Royce Motor Cars Ltd built a new manufacturing plant in West Sussex. Tyco Fire & Integrated Solutions (UK) Ltd was contracted to provide fire protection services, including a sprinkler system.
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Due diligence: Lambson Fine Chemicals Ltd vs Merlion Capital Housing Ltd
In May 2004, Lambson Fine Chemicals Ltd sold a 40-acre industrial property to Merlion Capital Housing Ltd for £12.25m. The property had been used for the manufacture of chemicals since the 1860s. By the late 1940s it was owned by Laporte and used for the manufacture of suphuric acid, sodium ...
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Arbitration: Heifer International Inc vs Helge Christiansen*
Heifer International Inc (Heifer) is a company registered in the British Virgin Islands and is owned by the family of a wealthy Russian who lives in England. Heifer engaged Helge Christiansen (HC), a Danish architect and his firm, Christiansen Arkitekter KS MAA PAR (CA), to refurbish a substantial home ...
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Reinwood Ltd vs L Brown & Sons Ltd
This appeal raised a point of interpretation of a standard JCT form of contract on which there appears to be no previous authority. The point turned on the relationship between clauses 24 (damages for non-completion), 25 (extension of time), 28 (determination by the contractor) and 30 (certificates and payment).
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Gravatom Engineering Systems Ltd vs Raymond Parr
This case concerns a claim by Raymond Parr against his employer, Gravatom Engineering Systems Limited, in respect of a back injury sustained during the course of his employment.
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Quest 4 Finance Ltd vs John Maxfield, John Carter and Michael John Chesney
Quest 4 Finance Ltd claimed an indemnity from two of the directors of Hilmax Engineering Ltd; Maxfield and Carter, pursuant to a warranty document dated 18 July 2006. The third defendant, Chesney, had been adjudged bankrupt so the proceedings were discontinued against him.
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John F Hunt Demolition Ltd vs ASME Engineering Ltd
This was a preliminary issues hearing relating to a main contract dated 30 June 2002, whereby Kier (Whitehall Place) Ltd (“Whitehall”) engaged Kier Build Ltd (“Build”) to design and construct commercial office premises at Whitehall Place, London. The contract incorporated the JCT Standard Form of Building Contract with Contractor’s Design ...
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DGT Steel & Cladding Ltd vs Cubitt Building & Interiors Ltd
In February 2006, Cubitt Building and Interiors Ltd; the applicant contractor in these proceedings, engaged the respondent subcontractor, DGT Steel and Cladding Ltd to carry out external cladding works at Telephone House in East London. The subcontract was on Cubitt’s standard terms and conditions and contained an adjudication provision which ...
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Cut out the (insolvent) middle man
Sydenhams (Timber Engineering) Ltd, the claimant timber company, made a claim in respect of unpaid design and construction work it carried out on a hotel in Bournemouth for CHG Holdings Ltd, the defendant developer. CHG contended that there was never a direct contract between it and Sydenhams and that ...
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Put it in writing
The claimant, Mott MacDonald Ltd (MM), is a specialist construction engineering consultant. It undertook a variety of engineering services for the defendant, property developer London & Regional Properties Ltd (LRP) in relation to the phase 2 infrastructure works for a business park at Park Royal, London. These services, which included ...
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After the event
This House of Lords decision concerns the assessment of damages to be awarded to an injured party to a contract that has been breached before the occurrence of an event which would give rise to a right to cancel (in this case, the Second Gulf War) and before the contract ...
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A bit of a misunderstanding
This was an appeal by William David Lloyd and MGL (Rugby) Ltd against a decision that they were liable to pay Andrew Michael Sutcliffe a share of the profit made from a residential building development. Lloyd had, through one of his companies, Nimega Ltd, obtained two options to purchase the ...
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Hitting the books
The appellant, Charter Partnership Ltd (“Charter”), is a firm of architects which designed a warehouse that was leased to the respondent, Pearson Education Ltd (“Pearson”). Pearson suffered financial loss when a number of books it owned which were stored in the warehouse were damaged in a flood at the warehouse. ...
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Without a care
On 9 January 2001, Ian Gray, a fire alarm installation engineer and employee of Fire Alarm Fabrication Services Limited (FAFS) fell through a skylight window in the roof of a building at Victoria Station. He died as a result of the injuries he sustained.
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Taking it personally
This was an appeal by Abdullah Al-Anzi (“the Doctor”) from a decision of the Central London County Court in December 2005, whereby the trial judge ordered that the Doctor was personally liable for a sum in respect of building and architectural work carried out by the respondents, Nasser Abadi (“Abadi”) ...
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Let's agree to agree
Bell Scaffolding (Aust) Pty Ltd (“Bell”) was founded in 1983 by Mr Kevin Bell. It is now one of the leading scaffolding manufacturers and contractors in Eastern Australia. It sought to take advantage of the lower hire costs for scaffolding in the UK and in 1996 entered into a hire ...
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In the red
The claimant, Nearfield Ltd was one of six parties to a joint venture agreement dated April 2002. Other parties to the agreement included Lincoln Trust Co (Jersey) Ltd (LTC) and LTC’s offshore nominee, Lincoln Nominees Ltd (LNL); second and first defendants respectively.