swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Construction - From: 1994 To: 1994
This page lists 11 cases, and was prepared on 20 May 2019.
Trafalgar House Construction (Regions) Ltd v General Surety and Guarantee Co Ltd; CA 1994 - (1994) 66 BLR 42
M J Gleeson Group Plc v Wyatt of Snetterton Limited; CA 1994 - [1994] 72 BLR
Erith Contractors Limited v Costain Civil Engineering Limited [1994] ADRLJ 123
1994
His Honour John Lloyd Q.C
Contract, Construction
The meaning and effect of clause 18(2) was considered. Held: It was axiomatic that if the contractor requires the sub-contract dispute to be dealt with jointly with the main contract dispute with the employer in accordance with the provisions of clause 66 of the main contract, he is under an obligation to take the necessary steps to have the two disputes dealt with in accordance with clause 66.
1 Citers
Ruxley Electronics and Construction Ltd v Forsyth; CA 7-Jan-1994 - Gazette, 16 February 1994; Times, 07 January 1994; [1994] 3 All ER 801; [1994] 1 WLR 650
Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel); QBD 5-Apr-1994 - Times, 05 April 1994; [1994] 2 Lloyd's Rep 161
Ballast Nedam Group Nv v Belgium Times, 18 May 1994; C-389/92; [1994] EUECJ C-389/92
18 May 1994
ECJ
European, Construction
A holding company which would not itself be executing any of the works may not be excluded from tenders for the work.
[ Bailii ]
Darlington Borough Council v Wiltshier Northern Ltd [1994] EWCA Civ 6; [1995] 1 WLR 68; [1995] 3 All ER 895
28 Jun 1994
CA
Dillon, Steyn, Waite LJJ
Construction, Damages
The plaintiff council complained of the work done for it by the defendant builder. Held: Steyn LJ said: "in the case of a building contract, the prima facie rule is cost of cure, i.e., the cost of remedying the defect: East Ham Corporation v. Bernard Sunley & Sons Ltd. ([1965] 3 All ER 619, [1966] AC 406). But where the cost of remedying the defects involves expense out of all proportion to the benefit which could accrue from it, the court is entitled to adopt the alternative measure of difference of the value of the works . ."
1 Cites
1 Citers
[ Bailii ]
Darlington Borough Council v Wiltshier Northern Ltd and Others Times, 04 July 1994; Independent, 29 June 1994; Gazette, 12 October 1994; [1995] 1 WLR 68
29 Jun 1994
CA
Dillon, Waite and Steyn LJJ
Contract, Construction
The council owned land on which it wanted to build a recreational centre. Construction contracts were entered into not by the council but by a finance company, the building contractors being the respondents Wiltshier Northern Ltd. The finance company then assigned to the council its rights under the building contracts, and the council claimed damages from the builders for breach of the contracts. The builders took the point that the council, as assignee, had no greater rights under the contracts than the finance company had and that, as the finance company did not own the site, it had suffered no loss. Held: A third party may sue on a contract to recover damages for defects if the benefit of a building contract was intended for them and had been assigned to him. Where there is a right to have an assignment of any cause of action accruing to the employer against the contractor, the exception in Albazero may still apply so as to enable the assignee to recover substantial damages. The fact that the innocent party did not receive the bargain for which he contracted is itself a loss: "he suffers a loss of bargain or of expectation interest."
Steyn LJ: "in the case of a building contract, the prima facie rule is cost of cure, i.e., the cost of remedying the defect: East Ham Corporation v. Bernard Sunley & Sons Ltd. [19661 A.C. 406. But where the cost of remedying the defects involves expense out of all proportion to the benefit which could accrue from it, the court is entitled to adopt the alternative measure of difference of the value of the works . . ."
1 Cites
1 Citers
National Trust v Haden Young Ltd Independent, 31 August 1994; Times, 11 August 1994
11 Aug 1994
CA
Contract, Construction
A sub-contractor was liable for a negligent fire despite the owner's fire insurance. The contractor was not employer liable for a sub-contractors negligence under the JCT.
Crown Estate Commissioners v John Mowlem and Co Ltd Ind Summary, 05 September 1994
5 Sep 1994
CA
Contract, Construction
Construction of JCT contract - can not extend time for arbitration reference.
West Faulkner Associates v Newham London Borough Council; CA 16-Nov-1994 - Ind Summary, 19 December 1994; Times, 16 November 1994