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Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005

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

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004

Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract. Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge … Continue reading AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004

Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004

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

Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis: CA 12 Nov 2003

The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to withold payment, but out of time. Held: The section required the notice to be given with the prescribed period. The risk of the clients making an overpayment to a builder who subsequently became insolvent could be prevented … Continue reading Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis: CA 12 Nov 2003

Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001

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

Stiell Ltd v Riema Control Systems Ltd: IHCS 28 Jun 2000

Contractors had been called upon to carry out work beyond that originally requested, and sought payment, and had arrested a payment in the hands of a third party. Before raising the action they had referred the matter to adjudication under the Act. Held: The fact of the reference did not change the fact of the … Continue reading Stiell Ltd v Riema Control Systems Ltd: IHCS 28 Jun 2000

Allied London and Scottish Properties Plc v Riverbrae Construction Ltd: OHCS 12 Nov 1999

An adjudicator who acts under the Scheme upon the written submission of the parties and without any oral hearing was not able to consider making an order for payment of the award by installments where neither party had raised that issue in their written submissions. He was not required by the scheme to consider such … Continue reading Allied London and Scottish Properties Plc v Riverbrae Construction Ltd: OHCS 12 Nov 1999

Bouygues (Uk) Ltd v Dahl-Jensen (Uk) Ltd (In Liquidation): CA 17 Aug 2000

When the decision of an adjudicator was challenged, the court should ask whether the adjudicator had either asked the right question but in the wrong way, or whether he had even answered the wrong question. The procedure was intended to provide a quick and summary disposal, but that procedure might not be appropriate in cases … Continue reading Bouygues (Uk) Ltd v Dahl-Jensen (Uk) Ltd (In Liquidation): CA 17 Aug 2000

Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002

Judges: Sheriff J.A. Taylor Citations: 2002 SLT 103 Links: ScotC Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Jurisdiction: Scotland Cited by: Cited – Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis CA 12-Nov-2003 The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to … Continue reading Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002

Staveley Industries Plc (T/A Ei Whs) v Odebrecht Oil and Gas Services Ltd: TCC 8 Mar 2001

Contracts were entered into to design, engineer and supply equipment for installation on oil and gas rigs. The contractor sought to assert that these were contracts governed by the Act, and the provisions for dispute resolution applied. The court held that the act suggested that the construction was to take place on ‘the Land’ and … Continue reading Staveley Industries Plc (T/A Ei Whs) v Odebrecht Oil and Gas Services Ltd: TCC 8 Mar 2001

Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000

A decision of an adjudicator given under the section was not final. It was not in the nature of an arbitration and therefore an appeal against the adjudication did lie to the County Court. A court would not normally allow the same issue to be determined both by the arbitrator and a court, but an … Continue reading Herschel Engineering Ltd v Breen Property Ltd: QBD 10 May 2000

Adam Architecture Ltd v Halsbury Homes Ltd: CA 2 Nov 2017

Appeal by a firm of architects in litigation concerning its entitlement to recover fees following termination of its engagement. The principal issue in this appeal is whether Section 111 of the 1996 Act applies only to interim payments or whether it also applies to payments due following completion of the works or termination of the … Continue reading Adam Architecture Ltd v Halsbury Homes Ltd: CA 2 Nov 2017

B, Regina (on the Application of) v Calderdale Metropolitan Borough Council: Admn 24 Jul 2003

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

Severfield (UK) Ltd v Duro Felguera UK Ltd: TCC 24 Nov 2015

The court considered the potential difficulty of payment provisions under a contract concerned with both construction operations and operations which are excluded by the 1996 Act (sometimes referred to as a hybrid contract), and the particular consequences for such a contract of the notice provisions in sections 110, 110A, 110B and 111 of the Act, … Continue reading Severfield (UK) Ltd v Duro Felguera UK Ltd: TCC 24 Nov 2015

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

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

Balfour Beatty Regional Construction Ltd v Grove Developments Ltd: CA 13 Oct 2016

Contractor’s responsibility for stage payments Appeal by a building contractor against a decision that there is no entitlement to interim payments in the period after the contractual date for practical completion. The principal issues are (i) how some rather unusual amendments to the standard form building contract should be construed and (ii) how section 109 … Continue reading Balfour Beatty Regional Construction Ltd v Grove Developments Ltd: CA 13 Oct 2016

Allen Wilson Joinery Ltd v Privetgrange Construction Ltd: TCC 17 Nov 2008

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

RJT Consulting Engineers Ltd v DM Engineering (NI) Ltd: CA 8 Mar 2002

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

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

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

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