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Tue January 23 2018

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News » Construction Law Updates

Construction Law Updates

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Adjudicators Award a Nullity

25 Jun 2010: This is a rare case where an adjudicator's award was held to be a nullity because he had misconstrued the extent of his jurisdiction. more »

Precedence of dispute resolution clauses in JCT 2005 MW

25 Jun 2010: Carter was appointed by the Prices under a JCT 2005 MW form of contract for the demolition of their bungalow and construction of a new house for £226,000. more »

Formation of contract

24 Jun 2010: The judge could not accept that the arrangements between the claimant and NWM were what it called 'management arrangements'. more »

Adjudication and contracts in writing

24 Jun 2010: A specimen order and the other standard subcontract terms had not been incorporated into the subcontract. more »

Challenges to contract awards under the public procurement rules

24 Jun 2010: Varney tendered unsuccessfully for the operation of 18 Household Waste Recycling Centres in Hertfordshire, and claimed damages against the council under regulation 47(6) of the Public Contracts Regulations 2006. more »

Adjudication and set-off

24 Jun 2010: The claimant contractor applied for summary judgement to enforce an award made by an adjudicator. more »

Equitable Set-Off Test

23 Jun 2010: Simon Carves applied to set off a counterclaim for damages for repudiation of an installation contract made with the respondent, Geldof Metaalconstructie NV (“Geldof”), against Geldof’s’ claim for the price of equipment which it, more »

Jean Shaw v James Scott Builders Co.

28 May 2010: A contractor's failure to respond to the proposed contract e-mailed to him meant that he had tacitly accepted it and its conditions. more »

Challenges to public contracts under the European threshold.

11 May 2010: Clackmannshire Council, advertised contract worth £2.5m for replacement of kitchens and bathrooms in council houses in Alloa and Tillicoultry. more »

Shanahan Engineering Ltd. v UNITE Union

25 Apr 2010: Shanahan appealed against an Employment Tribunal's finding that it had been in breach of its duty to consult with trade union representatives over redundancies caused by changes to its contract with Alstom more »

Irish court rejects insolvency fears as an excuse for abandoning the works:

9 Apr 2010: The Irish Supreme Court has rejected a contractor's contention that it was justified in abandoning the works because, if it continued, it risked insolvency more »

Sita UK Ltd. v Greater Manchester Waste Disposal Authority

6 Apr 2010: The Greater Manchester Waste Development Authority invited a number of contractors to tender for a £320m waste disposal project in the UK. more »

Scottish Widow Services Ltd. v Harmon/ CRM Facades, Building Design Partnership and W.S.A. Inc. 23 March 2010

26 Mar 2010: Two separate actions were brought to enforce a series of collateral warranties given in connection with the construction of a new head office for the Scottish Widows Fund and Life Assurance Society more »

William Hare Ltd. v Shepherd Construction Ltd. (Date of the court ruling 18th March 2010.)

18 Mar 2010: Pay when paid clause ineffective to protect main contractor. more »

Dead End

15 Mar 2010: (Foodco. UK LLP (T/A Muffin Break), Caskade Caterers Limited (T/A KFC), Panesar Enterprise Limited (T/A Burger King) and Others V Henry Boot Developments Ltd., [2010] EWHC 358 (Ch) more »

S. G. South Ltd. V Swan Yard (Cirencester) Ltd.

5 Mar 2010: The adjudicator awarded S.G. South (SGS) £70,450.14 plus VAT. There had been no written contract between the parties, and, although Swan Yard had not made an issue of this at the adjudication, the adjudicator had undertaken his own investigation. more »

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