Application for summary judgment in application to enforce arbitration award under the Act. Citations:  EWHC Technology 67 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 Construction Updated: 13 June 2022; Ref: scu.201820
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
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
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
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
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
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:  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
Citations:  EWHC Admin 632 Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 82 Housing, Benefits Updated: 27 May 2022; Ref: scu.138753
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
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
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
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
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
Adjudication – Compliance with adjudicator’s decision – Whether compliance enforceable by summary judgment despite assertion of set-off – Whether set-off raised before date for payment under decision. Citations: Unreported, 13 Jan 2000 Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Construction Updated: 11 April 2022; Ref: scu.135996
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
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
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
Judges: O’Farrell DBE J Citations:  EWHC 15 (TCC) Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 Jurisdiction: England and Wales Construction, Arbitration Updated: 28 January 2022; Ref: scu.573403
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 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
Lord Justice Ward  EWCA Civ 270,  TCLR 21,  BLR 217,  CLC 905,  CILL 1841,  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 to enforce an arbtrators award. The defendant denied that ‘construction operations’ had been involved. Akenhead J  EWHC 4195 (TCC) Bailii Housing Grants, Construction and Regeneration Act 1996 105 Arbitration, Construction Updated: 24 December 2021; Ref: scu.539943
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
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  EWHC 1322 (TCC),  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
Abridgement of time in Court proceedings to enforce decision of Adjudicator.
An adjudicator was appointed to decide a dispute pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996. Before doing so he decided . .
Although an adjudicator’s decision would normally be binding on the parties pending an appeal, that was not the case where the mistake alleged was as to his jurisdiction. In such cases the decision was reviewable, and was ineffective as a decision . .
Claim brought by the Claimant seeking a mandatory order compelling the Defendant to approve the Claimant’s application for a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996 (‘the Act’) and a mandatory order . .
Appeal against summary judgment given in action to enforce arbitration award. . .
Application to enforce arbitration award. . .
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 . .
An adjudication of a building dispute under the Insolvency Act, was ‘other proceedings’ within the Act, and therefore before such steps were taken against a company in administration, the applicant had first to obtain leave from the court. . .
The council were liable to pay grants for building works. They wished to set the VAT element as an input tax. The Commissioners refused. Did the builders supply their services to the house owners, or to the council who paid the bill. The Act allowed . .
The court heard applications in adjudication enforcement proceedings between consultants and their employer, issues being raised about the extent to which the construction contract between the parties was in writing for the purposes of Section 107 . .
The defendants appealed against a refusal to set aside statutory demands adjudicated due under the 1996 Act. They said that the judge had accepted that he was bound by MFO and that it was on all fours, but he had not followed it.
Held: The . .
The defendant creditor had obtained an adjudicator’s decision against the debtor on its final account claim, but the debtor had little notice of the adjudication. At the application to set aside the statutory demand, Mr Parke had already commenced . .
Court Service Enforcement of an adjudicator’s decision; adjudication not subject to Housing Grants, Regeneration and Construction Act 1996; jurisdiction where terms of contract in dispute; applicability of . .
The claimants were main contractors on a construction project. The respondents were sub-contractors. After difficulties, the sub-contractor was ejected from the site. The issue was as to the jurisdiction of the adjudicator. Was the project, to . .
The court was asked as to the date of accrual of the cause of action where a losing party to an adjudication brought under Part II of the 1996 Act later begins proceedings to seek a final determination of the matters decided by the adjudicator with . .
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. . .
The court considered the operation of a ‘pay when paid’ clause. . .
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 . .
‘This application raises a short but important issue as to the propriety of a reference to adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (‘the 1996 Act’) of a dispute which, at the time of the . .
The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the . .
Challenge to arbitration award on jurisdictional grounds. . .
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 . .
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 . .
The appeal succeeded. The Scheme implied that any overpayment could be recovered. . .
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