All articles by Birgit Blacklaws
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NewsCommercial Marine Piling vs Pierse Contracting: Place of performance
Our legal expert from Fenwick Elliott discusses a question of location
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NewsVision Homes vs Lancsville Construction: Jurisdiction
Our Fenwick Elliott expert discusses what happens where two adjudications are brought on the same case
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NewsAceramais Holdings vs Hadleigh Partnerships: Contracts in writing
Our Fenwick Elliott expert discusses a dispute over whether there was a contract and writing, and other issues
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NewsHS Works vs Enterprise Managed Services: Multiple adjudications
Our Fenwick Elliott expert discusses a case involving two different adjudications and two different adjudicators
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NewsChristopher Michael Linnett vs Halliwells: Adjudicator's fees
Can an adjudicator recover fees from a party that raises questions about jurisdiction? Fenwick Elliott discusses
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NewsBovis Lend Lease vs Trustees of the London Clinic: Loss, expenses and natural justice
The factsBovis applied for summary judgment for the enforcement of an adjudicator's decision. The dispute arose out of a contract made between Bovis and the clinic by which Bovis agreed to carry out and complete a redevelopment of a medical consulting facility. The contract was the JCT Standard Form (1998), ...
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NewsBinding decisions: YCMS vs Stephen and Miriam Grabiner
Fenwick Elliott discusses the adjudicator's jurisdiction
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CommentOral agreements
The CaseThe claimant applied for summary judgment to enforce an adjudicator's decision whereby the defendant was ordered to pay £12,449.70, plus VAT and interest.The claimant was a subcontractor employed by the defendant to manufacture, deliver and install three full flights of stairs from a basement to the second floor of ...
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CommentWitholding payment
The CaseThere were a number of issues before the court. The first was whether or not the claimant's application for payment was valid and whether the engineer's certificate was valid. Second, the court was required to consider whether or not the failure to send the certificate to the correct party ...
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CommentJurisdiction of the court
The CaseThe defendant invited tenders for building works to convert a hotel back into the family house that it originally was. The claimant’s tender was successful. At the time the claimant commenced work, there was no contract in place. Thereafter, as the works progressed, there were negotiations between the parties ...
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CommentEnterprise Managed Services Limited v East Midland Contracting Limited
The CaseThe Claimant sought to reverse the decision of an adjudicator, by which the adjudicator had decided that the Claimant was obliged to pay the Defendant the sum of £1,131,668.29 as damages for breach of contract. The parties to the Sub-Contract continued to place orders and undertake work under the ...
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CommentLetter of intent
The CaseThe Defendant wished to have refurbishment and regeneration works carried out to a number of houses and flats on the Clapham Park Estate. The Claimant tendered for these works and a Letter of Intent (“LOI”) was sent to the Claimant in June 2007 recording the Defendant’s intention to enter ...
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CommentCubitt Building and Interiors Ltd vs Richardson Roofing (Industrial) Ltd
The CaseThe Claimant, as main contractor, engaged the Defendant as a roofing sub-contractor at a building site at Hampton Wick Riverside.The Claimant sought declaratory relief that its terms and conditions were incorporated into the sub-contract between the parties and injunctions that the Defendant should be restrained from continuing with arbitration ...
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Comment
Withholding notices: Aedas Architects vs Skanska Construction UK
This dispute arose out of works done on contracts to renovate some schools in Midlothian. The claimant sought periodical payments but was met with refusal because the Defendant claimed that it had large and on-going contra set-offs which were much more than what the claimant was pursuing.The claimant argued ...
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Comment
Commencing arbitration: Taylor Woodrow Construction vs RMD Kwikform Ltd
This was an application under sections 32 and 45 of the Arbitration Act 1996 (“the Act”) to determine a preliminary point of law in relation to arbitral proceedings.The claimant engaged the defendant for the design, supply and erection of scaffolding. In 2000 the scaffolding collapsed onto adjoining roads and onto ...
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Comment
Adjudication timetable: Edenbooth Ltd vs Cre8 Developments Ltd
The claimant applied for summary judgment to enforce an adjudicator’s decision. The defendant was a development company who had engaged the claimant to carry out ground works at two adjacent properties. One of the properties was owned and occupied by a director of the defendant. The work was carried out. ...
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Comment
Non-compliance with pre-action protocol: Orange Personal Communications Services vs Hoare Lee
This judgment arose out of an application by the remaining defendant in the claim, for a stay of the proceedings pending the implementation of the process laid down by the pre-action protocol for construction and engineering disputes.The claimant engaged Kier Regional Ltd to carry out the fitting out works to ...
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Comment
Tendering process: Aquatron Breathing Air Systems vs Strathclyde Fire Board
In March 2004, the defendants, who operate the Strathclyde Fire Brigade, issued an invitation to tender for certain services associated with its breathing apparatus equipment, under the Public Services Contract Regulations 1993 which has now been superseded. The Office Journal of the European Communities specified the criteria for the ...
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Comment
Adjudication enforcement: Harris Calnan Construction Co Ltd vs Ridgewood (Kensington) Ltd
The claimant applied for summary judgment arising out of an adjudication decision and claimed for costs on an indemnity basis. In the course of the adjudication the adjudicator rejected the defendant’s challenge to his jurisdiction, finding that there was a contract in writing between the parties.The defendant challenged the enforcement ...