The claimant appealed against rejection of his application for a grant in respect of works in his home for safety purposes. His son suffered a personality disorder resulting in aggressive behaviour. He sought a grant for the cost of creating separate bedrooms for the protection of the sibling. Held: The grants are mandatory, but could … Continue reading B, Regina (on the Application of) v Calderdale Metropolitan Borough Council: Admn 24 Jul 2003
The court considered the recoverability of the fees an arbitrator appointed under the 1996 Act, were the award had been determined unenforceable for a breach of the rules of natural justice. Held: The appeal against an order for payment of he fees succeeded. The arbitrator had not fulfilled the contract for which he had been … Continue reading PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012
The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. Judges: Coulson J Citations: [2009] EWHC 493 (TCC) Links: Bailii Statutes: The Housing Grants (Construction and Regeneration) Act 1996 106 Jurisdiction: England and Wales … Continue reading Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009
The court considered the operation of a ‘pay when paid’ clause. Judges: Coulson J Citations: [2009] EWHC 1603 (TCC), [2009] BLR 447, 125 Con LR 123, [2009] CILL 2753, [2010] BCC 332 Links: Bailii Statutes: Housing Grants (Construction and Regeneration) Act 1996 113(1) Jurisdiction: England and Wales Construction, Contract Updated: 22 July 2022; Ref: scu.347462
The court was asked whether the implication of terms into a written contract implied that it was not a contract in writing under ection 107. HHJ Seymour QC said: ‘it may be necessary to consider carefully the effect of s. 107 of the 1996 Act as interpreted by the Court of Appeal in RJT . … Continue reading Galliford Try Infrastructure Ltd and Another v Mott Macdonald Ltd: TCC 17 Jul 2008
The appellant sought an interim payment for works of construction undertaken for the respondents under a JCT contract. The respondents contended that, having terminated the contract on their receivership, the contract and Act meant that the interim payment was no longer payable. Held: (Neuberger and Mance dissenting) The appeal was allowed. Lord Hoffmann: Parliament had … Continue reading Melville Dundas Ltd and others v George Wimpey UK Ltd and others: HL 25 Apr 2007
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005
Whether or not the collateral warranty relied on by the appellant (‘Abbey’) was a construction contract within the meaning of s.104(1) of the Housing Grants (Construction and Regeneration) Act 1996 Judges: Lord Justice Peter Jackson Lord Justice Coulson And Lord Justice Stuart-Smith Citations: [2022] EWCA Civ 823 Links: Bailii Statutes: Housing Grants (Construction and Regeneration) … Continue reading Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) Llp: CA 21 Jun 2022
The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay. Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation … Continue reading Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004
In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001
Judges: Wilcox J Citations: [2010] EWHC 3723 (TCC) Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 104 Jurisdiction: England and Wales Construction Updated: 29 May 2022; Ref: scu.441223
A local authority could not allow its decision about the facilities to be provided by way of housing and related assistance and grants to be affected by its financial resources. Citations: Times 14-Jul-1998 Statutes: Housing Grants Construction and Regeneration Act 1996 23(1) Housing Updated: 09 April 2022; Ref: scu.86137
Lord Justice Ward [2002] EWCA Civ 270, [2002] TCLR 21, [2002] BLR 217, [2002] CLC 905, [2002] CILL 1841, [2002] 1 WLR 2344, (2002) 18 Const LJ 425, 83 Con LR 99 Bailii Housing Grants, Construction and Regeneration Act 1996 England and Wales Construction, Arbitration Updated: 03 January 2022; Ref: scu.654551
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
The claimant sought summary judgment to enforce an arbitration award in a construction dispute. The defendants argued that the contract was not sufficiently evidenced in writing to accord with the 1996 Act. The claimants replied that any oral variations were trivial. Held: Akenhead J set out the requirements for writing as follows: ‘(a) For there … Continue reading Allen Wilson Joinery Ltd v Privetgrange Construction Ltd: TCC 17 Nov 2008
The court considered what would amount to a contract in writing under the 1996 Act. Ward LJ said: ‘Section 107(2) gives three categories where the agreement is to be treated in writing. The first is where the agreement, whether or not it is signed by the parties, is made in writing. That must mean where … Continue reading RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd: CA 8 Mar 2002
The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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